1 CRR-NY 257.18NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 1. DEPARTMENT OF AGRICULTURE AND MARKETS
CHAPTER VI. FOOD CONTROL
SUBCHAPTER C. FOOD AND FOOD PRODUCTS (ARTICLE 17 AGRICULTURE AND MARKETS LAW)
PART 257. MANUFACTURE AND DISTRIBUTION OF COMMERCIAL FEED
1 CRR-NY 257.18
1 CRR-NY 257.18
257.18 Brand and product names; pet food and specialty pet food.
In addition to the requirements for commercial feed otherwise provided in this Part, the following requirements shall apply to pet food and specialty pet food:
(a) No flavor designation or claim shall be used on any pet food or specialty pet food label unless the designated flavor is detectable by a recognized test method. Any flavor designation or claim on any such label shall 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. The word “flavor” shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term from which the flavor designation is derived. Distributors of pet food or specialty pet food employing such flavor designations or claims on the labels of such products shall, upon request by the commissioner or his authorized representative, supply verification of the designated or claimed flavor.
(b) The designation “100%” or “All” or words of similar connotation shall not be used in the brand name or product name of any pet food or specialty pet food if it contains more than one ingredient, provided, for the purpose of this subdivision only, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.
(c) The terms “meat” and “meat by-products” may be used without a designation of the species from which the same was derived only if such meat or meat by-products have been derived from cattle, swine, sheep or goats; otherwise, the species shall be designated, for example, “horsemeat.”
(d) The name of any pet food or specialty 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 any such product unless all components or ingredients are included in the name, except as provided in subdivision (a), (e) or (f) of this section; 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 which have a material bearing upon acceptance of the product by the purchaser thereof; and
(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 any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such 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 any pet food or specialty pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of such 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 and so that the product name 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 any pet food or specialty pet food unless they are in compliance with subdivisions (a), (d), (e) and (f) of this section.
1 CRR-NY 257.18
Current through August 31, 2021
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