12 KAR 3:027. Ingredients

      Section 1. (1) Except as provided in subsection (2) of this section, the maximum moisture in pet food shall be guaranteed and shall not exceed seventy-eight (78) percent by weight or the natural moisture content of the constituent ingredients of the product, whichever is greater.

      (2) Pet food that consists principally of stew, gravy, sauce, broth, juice or a milk replacer, which is so labeled, may contain moisture in excess of seventy-eight (78) percent.

 

      Section 2. Each ingredient of the pet food shall be:

      (1) Listed in the ingredient statement;

      (2) Shown in letters or type of the same size;

      (3) Listed in descending order by the ingredient’s predominance by weight; and

      (4) Identified by the:

      (a) Name of the ingredient as established by the Association of American Feed Control Officials, if a name and definition has been established; or

      (b) Common or usual name of the ingredient, if a name and definition has not been established. A brand or trade name shall not be used in the ingredient statement.

 

      Section 3. The term "dehydrated" may precede the name of an ingredient if it has been artificially dried.

 

      Section 4. A reference to the quality or grade of an ingredient shall not appear in the ingredient statement unless the:

      (1) Designation of quality, nature, form, or other attribute of an ingredient is accurate; and

      (2) Ingredient imparts a distinctive characteristic to the pet food.

 

      Section 5. Incorporation by Reference. (1) "Official Publication", (1998 Edition), Association of American Feed Control Officials, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained at the Division of Regulatory Services, 103 Regulatory Services Building, College of Agriculture, University of Kentucky, Lexington, Kentucky 40546-0275, Monday through Friday, 8 a.m. to 4:30 p.m. (AES-2 (1973)-PF 5; 1 Ky.R. 1003; eff. 6-11-75; Am. 23 Ky.R. 1617; eff. 1-10-97; 25 Ky.R. 899; 2363; eff. 4-14-99.)

Notation

      RELATES TO: KRS 250.501, 250.521

      STATUTORY AUTHORITY: KRS 250.521(1)(c), 250.571(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 250.571(1) authorizes the Director of the Agricultural Experiment Station to promulgate administrative regulations necessary for efficient enforcement of KRS 250.491 to 250.631. KRS 250.521(1)(c) requires that a commercial feed label list the common or usual name of each ingredient used in the manufacture of a commercial feed, unless the director promulgates an administrative regulation permitting the use of a collective term for a group of ingredients. This administrative regulation establishes the maximum moisture content allowed and the required format for listing ingredients on the label of pet foods.