12 KAR 3:017. Brand and product names

Link to law: http://www.lrc.ky.gov/kar/012/003/017.htm
Published: 2015

      12 KAR 3:017. Brand

and product names.

 

      RELATES TO: KRS

250.501, 250.521, 250.531

      STATUTORY AUTHORITY:

KRS 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. This administrative regulation

establishes the conditions for use of a brand or product name.

 

      Section 1. (1) A

flavor designation shall:

      (a) Not be used on a

pet food label unless the flavor is:

      1. Detectable by a

recognized test method; or

      2. Distinguishable

by the pet; and

      (b) Conform to the

name of its source as shown in the ingredient statement. The word

"flavor" shall be printed in the same size type and equally conspicuous

as the ingredient term from which the flavor is derived.

      (2) A distributor

shall supply verification of the designated or claimed flavor upon request of

the director.

 

      Section 2. The

designation "100 percent" or "all" or words of similar connotation

shall not be used in the brand or product name of a pet food if it contains

more than one (1) ingredient. Water sufficient for processing, a required

decharacterizing agent or trace amount of a preservative or a condiment shall

not be considered an ingredient.

 

      Section 3. The terms

"meat" or "meat by-products" shall be qualified to

designate the animal or animals from which the meat or meat by-products are

derived, unless the meat is from cattle, swine, sheep, or goats.

 

      Section 4. The name

of the pet food shall not be derived from one (1) or more ingredients of a

mixture to the exclusion of the other ingredients, except as specified by

Sections 1, 5, and 6 of this administrative regulation. If an ingredient or

combination of ingredients is intended to impart a distinctive characteristic

that is important to the purchaser, the name of that ingredient or combination

of ingredients may be used as a part of the name of the pet food 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 an amount which has

a significant bearing upon the price of the product or upon acceptance of the

product by the purchaser;

      (2) The name does

not imply that the ingredient or combination of ingredients is present to the

exclusion of other ingredients; and

      (3) The name is not

false or misleading.

 

      Section 5. If an

ingredient or a combination of ingredients derived from animals, poultry, or

fish constitutes ninety-five (95) percent or more of the total weight of a pet

food, the name or names of the ingredient or ingredients may be a part of the

product name. If more than one (1) ingredient is part of the product name, all

of the ingredient names shall be in the same size, style and color print. Water

sufficient for processing shall be excluded when calculating the percentage of

the ingredients. The named ingredients shall constitute at least seventy (70)

percent of the total product.

 

      Section 6. (1) If an

ingredient or a combination of ingredients constitutes at least twenty-five

(25) percent but less than ninety-five (95) percent of the total weight of a

pet food, the name or names of the ingredient or ingredients may form a part of

the name of the pet food if:

      (a) Each of the

ingredients constitutes at least three (3) percent of the product weight

excluding sufficient water for processing; and

      (b) The product

name:

      1. Includes a

primary descriptive term such as "dinner", "platter", or

similar designation; and

      2. Describes the

contents of the product without being misleading.

      (2) If the names of

more than one (1) ingredient are shown, they shall appear in the order of their

predominance by weight.

      (3) An ingredient

name and the primary descriptive term shall be in the same size, style and

color print.

      (4) Water sufficient

for processing shall be excluded when calculating the percentage of the

ingredients. The named ingredients shall constitute at least ten (10) percent

of the total product.

 

      Section 7. A

contraction or coined name referring to an ingredient shall not be used in the

brand name of a pet food unless it s in compliance with Sections 1, 4, 5, or 6

of this administrative regulation. (AES-2 (1973)-PF 3; 1 Ky.R. 1002; eff.

6-11-75; Am. 23 Ky.R. 1615; eff. 1-10-97; 25 Ky.R. 1090; 2361; eff. 4-14-99.)
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