TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 18 SEEDS, FEEDS, AND FERTILIZERS
PART 3 COMMERCIAL FEEDS
21.18.3.1 Issuing Agency: New
Mexico State University, New Mexico Department of Agriculture.
[21.18.3.1 NMAC - Rp, 21.18.3.1 NMAC,
9/30/2013]
[MSC 3189, Box 30005, Las Cruces,
New Mexico 88003-8005, Telephone No. (575) 646-3007]
21.18.3.2 Scope: Part
3 shall apply to any person distributing commercial feeds in New Mexico.
[21.18.3.2 NMAC - Rp, 21.18.3.2 NMAC,
9/30/2013]
21.18.3.3 Statutory Authority: Granted
to the board of regents of New Mexico state university under the New Mexico
Commercial Feed Act, Chapter 76, Article 19A, Sections 1 through 17, New Mexico
Statutes Annotated 1978.
[21.18.3.3 NMAC - Rp, 21.18.3.3 NMAC,
9/30/2013]
21.18.3.4 Duration: Permanent.
[21.18.3.4 NMAC - Rp, 21.18.3.4 NMAC,
9/30/2013]
21.18.3.5 Effective Date: September
30, 2013, unless a later date is cited at the end of a section.
[21.18.3.5 NMAC - Rp, 21.18.3.5 NMAC,
9/30/2013]
21.18.3.6 Objective: The
objective of Part 3 of Chapter 18 is to protect the consumers of commercial
feed products by establishing standards for their labeling, registration, and
sale.
[21.18.3.6 NMAC - Rp, 21.18.3.6 NMAC,
9/30/2013]
21.18.3.7 Definitions:
A. The names
and definitions for commercial feeds shall be the official definition of feed ingredients
adopted by the association of American feed control officials, except as the department
designates otherwise in specific cases.
B. The terms
used in reference to commercial feeds shall be the official feed terms adopted
by the association of American feed control officials, except as the department
designates otherwise in specific cases.
C. The
following commodities are hereby declared exempt from the definition of
commercial feed, under the provisions of Section 76-19A-5A
NMSA 1978: raw meat and loose salt when unground and when not mixed or
intermixed with other materials: provided that these commodities are not
adulterated within the meaning of Section 76-19A-8 NMSA 1978.
D. The definitions
in Section 76-19A-2 NMSA 1978 shall apply in addition to the following:
(1) Principal display panel means the part of a label that is most likely to be displayed,
presented, shown, or examined under normal and customary conditions of display
for retail sale.
(2) Ingredient statement means a collective and contiguous listing on the label of the
ingredients of which the pet food or specialty pet food is composed.
(3) Immediate container means the unit, can, box, tin, bag, or other receptacle or
covering in which a pet food or specialty pet food is displayed for sale to
retail purchasers, but does not include containers used as shipping containers.
(4) All life stages means gestation/lactation, growth, and adult maintenance life
stages.
(5) Family
means a group of products, which are nutritionally adequate for any or all life
stages based on their nutritional similarity to a lead product, which has been
successfully test-fed according to an association of American feed control
officials feeding protocol(s).
E. Prescription diet means a feed that
is made available to the public only through a licensed veterinarian or through
the retail or internet sales to individuals purchasing the product under the
direction of a veterinarian.
F. Department
means the New Mexico department of agriculture.
[21.18.3.7 NMAC - Rp, 21.18.3.7 NMAC, 9/30/2013;
A 1/1/2021]
21.18.3.8 Label Format:
A. Commercial
feed, other than customer-formula feed, shall be labeled with the information
prescribed in this regulation on the principal display panel of the product and
in the following format:
(1) product
name and brand name, if any, as stipulated in Subsection A of 21.18.3.9 NMAC;
(2) if
a drug is used, label as stipulated in Subsection B of 21.18.3.9 NMAC;
(3) purpose
statement as stipulated in Subsection C of 21.18.3.9 NMAC;
(4) guaranteed
analysis as stipulated in Subsection D of 21.18.3.9 NMAC;
(5) feed
ingredients as stipulated in Subsection E of 21.18.3.9 NMAC and in 21.18.3.12
NMAC;
(6) directions
for use and precautionary statements as stipulated in Subsection F of 21.18.3.9
NMAC and in 21.18.3.13 NMAC;
(7) name
and principal mailing address of the manufacturer or person responsible for
distributing the feed as stipulated in Subsection G of 21.18.3.9 NMAC;
(8) quantity
statement.
B. PRINCIPAL
DISPLAY PANEL:
(1) The
information as required in Paragraphs (1), (2), (3), and (8) of Subsection A of
21.18.3.8 NMAC must appear in its entirety on the principal display panel.
(2) The
information required by Paragraphs (4), (5), (6), and (7) of Subsection A of 21.18.3.8
NMAC shall be displayed in a prominent place on the feed tag or label, but not
necessarily on the principal display panel. When a precautionary statement
required by Paragraph (6) of Subsection A of 21.18.3.8 NMAC does not appear on
the principal display panel, it must be referenced on the principal display
panel with a statement such as "See back of label for precautions."
C. None
of the information required by 21.18.3.8 NMAC shall be subordinated or obscured
by other statements or designs.
D. Customer-formula
feed shall be accompanied with the information prescribed in this regulation
using labels, invoice, delivery ticket, or other shipping document bearing the
following information:
(1) the
name and address of the manufacturer;
(2) the
name and address of the purchaser;
(3) the
date of sale or delivery;
(4) the
customer-formula feed name and brand name if any;
(5) the
product name and net quantity of each registered commercial feed and each other
ingredient used in the mixture;
(6) the
direction for use and precautionary statements as required by 21.18.3.13 NMAC
and 21.18.3.14 NMAC.
(7) If
a drug containing product is used:
(a) the
purpose of the medication (claim statement);
(b) the
established name of each active drug ingredient and the level of each drug used
in the final mixture expressed in accordance with Subsection D of 21.18.3.10
NMAC.
[21.18.3.8 NMAC - Rp, 21.18.3.9 & 10
NMAC, 9/30/2013]
21.18.3.9 Label Information: Commercial feed, other than customer-formula feed, shall be
labeled with the information prescribed in this regulation.
A. Product
name and brand name, if any.
(1) The
brand or product name must be appropriate for the intended use of the feed and
must not be misleading. If the name
indicates the feed is made for a specific use, the character of the feed must
conform therewith. A commercial feed for
a particular animal class must be suitable for that purpose.
(2) Commercial,
registered brand, or trade names are not permitted in guarantees or ingredient
listings and only in the product name of feeds produced by or for the firm
holding the rights to such a name.
(3) The
name of a commercial feed 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 unless all components are included in
the name: Provided that if any
ingredient or combination of ingredients is intended to impart a distinctive
characteristic to the product which is of significance to the purchaser, the
name of that ingredient or combination of ingredients may be used as a part of
the brand name or product name if the ingredients or combination of ingredients
is quantitatively guaranteed in the guaranteed analysis, and the brand or
product name is not otherwise false or misleading.
(4) The
word "protein" shall not be permitted in the product name of a feed
that contains added non-protein nitrogen.
(5) When
the name carries a percentage value, it shall be understood to signify protein or
equivalent protein content only, even though it may not explicitly modify the
percentage with the word "protein": provided that other percentage
values may be permitted if they are followed by the proper description and
conform to good labeling practice. Digital numbers shall not be used in such a
manner as to be misleading or confusing to the customer.
(6) Single
ingredient feeds shall have a product name in accordance with the designated
definition of feed ingredients as recognized by the association of American feed
control officials unless the department designates otherwise.
(7) The
word "vitamin," or a contraction thereof, or any word suggesting
vitamin can be used only in the name of a feed which is represented to be a
vitamin supplement, and which is labeled with the minimum content of each
vitamin declared, as specified in Subsection C of 21.18.3.10 NMAC.
(8) The
term "mineralized" shall not be used in the name of a feed except for
"TRACE MINERALIZED SALT." When so used, the product must contain
significant amounts of trace minerals, which are recognized as essential for
animal nutrition.
(9) The
term "meat" and "meat by-products" shall be qualified to
designate the animal from which the meat and meat by-products is derived unless
the meat and meat by-products are made from cattle, swine, sheep and goats.
(10) If
the commercial feed consists of raw milk, the words “Raw (blank) Milk” shall
appear conspicuously on the principal display panel. (Blank is to be completed
by using the species of animal from which the raw milk is collected.)
B. If
a drug is used:
(1) The
word "medicated" shall appear directly following and below the
product name in type size no smaller than one-half the type size of the product
name.
(2) Purpose
statement as required in Subsection C of 21.18.3.9 NMAC.
(3) The
purpose of medication (claim statement).
(4) An
active ingredient statement listing the active drug ingredients by their
established name and the amounts in accordance with Subsection D of 21.18.3.10
NMAC.
C. Purpose
statement:
(1) The
statement of purpose shall contain the specific species and animal class(es)
for which the feed is intended as defined in Subsection D of 21.18.3.9 NMAC.
(2) The
manufacturer shall have flexibility in describing in more specific and common
language the defined animal class, species, and purpose while being consistent
with the category of animal class defined in Subsection D of 21.18.3.9 NMAC
which may include, but is not limited to, weight range(s), sex, or ages of the
animal(s) for which the feed is manufactured.
(3) The
purpose statement may be excluded from the label if the product name includes a
description of the species and animal class(es) for which the product is
intended.
(4) The
purpose statement of a premix for the manufacture of feed may exclude the
animal class and species and state "For Further Manufacture of Feed"
if the nutrients contained in the premix are guaranteed and sufficient for
formulation into various animal species feeds and premix specifications are
provided by the end user of the premix. (This
section applicable to commercial feeds regulated under (x) of Subparagraph (b)
of Paragraph (11) of Subsection D of 21.18.3.9 NMAC.
(5) The
purpose statement of a single purpose ingredient blend, such as a blend of
animal protein products, milk products, fat products, roughage products, or
molasses products may exclude the animal class and species and state "For
Further Manufacture of Feed" if the label guarantees of the nutrients
contained in the single purpose nutrient blend are sufficient to provide for
formulation into various animal species feeds. (This section applicable to
commercial feeds regulated under (x) of Subparagraph (b) of Paragraph (11) of
Subsection D of 21.18.3.9 NMAC.)
(6) The
purpose statement of a product shall include a statement of enzyme
functionality if enzymatic activity is represented in any manner.
D. Guarantees
- crude protein, equivalent crude protein from non-protein nitrogen, amino acids,
crude fat, crude fiber, acid detergent fiber, calcium, phosphorus, salt, and sodium
shall be the sequence of nutritional guarantees when such guarantee is
stated. Other required and voluntary
guarantees should follow in a general format such that the units of measure
used to express guarantees (percentage, parts per million, international units,
etc.) are listed in a sequence that provides a consistent grouping of the units
of measure.
(1) Required
guarantees for swine formula feeds.
(a) animal
classes:
(i) pre-starter
- 2 to 11 pounds;
(ii) starter
- 11 to 44 pounds;
(iii) grower
- 44 to 110 pounds;
(iv) finisher
- 110 to market weight;
(v) gilts,
sows, and adult boars;
(vi) lactating
gilts and sows;
(b) guaranteed
analysis for swine complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of lysine;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
selenium in parts per million (ppm);
(x) minimum
zinc in parts per million (ppm).
(2) Required
guarantees for formula poultry feeds (broilers, layers, and turkeys).
(a) animal
classes:
(i) layer
- chickens that are grown to produce eggs for food, e.g., table eggs: 1) starting/growing
- from day of hatch to approximately 10 weeks of age; 2) finisher - from
approximately 10 weeks of age to time first egg is produced. (approximately 20 weeks of age); 3) laying -
from time first egg is laid throughout the time of egg production; 4) breeders
- chickens that produce fertile eggs for hatch replacement layers to produce
eggs for food, table eggs, from time first egg is laid throughout their
productive cycle;
(ii) broilers
- chickens that are grown for human food: 1) starting/growing - from day of
hatch to approximately 5 weeks of age; 2) finisher - from approximately 5 weeks
of age to market, (42 to 52 days); 3) breeders - hybrid strains of chickens
whose offspring are grown for human food, (broilers), any age and either sex;
(iii) broilers,
breeders - chickens whose offspring are grown for human food (broilers): 1)
starting/growing - from day of hatch until approximately 10 weeks of age; 2)
finishing - from approximately 10 weeks of age to time first egg is produced,
approximately 20 weeks of age; 3) laying - fertile egg producing chickens
(broilers/roasters) from day of first egg throughout the time fertile eggs are
produced;
(iv) turkeys:
1) starting/growing - turkeys that are grown for human food from day of hatch
to approximately 13 weeks of age (females) and 16 weeks of age (males); 2) finisher
- turkeys that are grown for human food, females from approximately 13 weeks of
age to approximately 17 weeks of age and males from 16 weeks of age to 20 weeks
of age (or desired market weight); 3) laying - female turkeys that are
producing eggs from time first egg is produced throughout the time they are
producing eggs; 4) breeder - turkeys that are grown to produce fertile eggs
from day of hatch to time first egg is produced (approximately 30 weeks of
age), both sexes;
(b) guaranteed
analysis for poultry complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of lysine;
(iii) minimum
percentage of methionine;
(iv) minimum
percentage of crude fat;
(v) maximum
percentage of crude fiber;
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
and maximum percentage of salt (if added);
(ix) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee.
(3) Required
guarantees for beef cattle formula feeds.
(a) animal
classes:
(i) calves
(birth to weaning);
(ii) cattle
on pasture (may be specific as to production stage; e.g. stocker, feeder, replacement
heifers, brood cows, bulls, etc.);
(iii) feedlot
cattle;
(b) guaranteed
analysis for beef complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
percentage of potassium;
(x) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(c) guaranteed
analysis for beef mineral feeds (if added):
(i) minimum
and maximum percentage calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt;
(iv) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
percentage of magnesium;
(vi) minimum
percentage of potassium;
(vii) minimum
copper in parts per million (ppm);
(viii) minimum
selenium in parts per million (ppm);
(ix) minimum
zinc in parts per million (ppm);
(x) minimum
vitamin A, other than precursors of vitamin A, in international units per pound.
(4) Required
guarantees for dairy formula feeds.
(a) animal
classes:
(i) veal
milk replacer - milk replacer to be fed for veal production;
(ii) herd
milk replacer - milk replacer to be fed for herd replacement calves;
(iii) starter
- approximately 3 days to 3 months;
(iv) growing
heifers, bulls and dairy beef: 1) grower 1 - 3 months to 12 months of age; 2)
grower 2 - more than 12 months of age;
(v) lactating
dairy cattle;
(vi) non-lactating
dairy cattle;
(b) guaranteed
analysis for veal and herd replacement milk replacer:
(i) minimum
percentage crude protein;
(ii) minimum
percentage crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
and maximum percentage calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(c) guaranteed
analysis for dairy cattle complete feeds and supplements:
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) maximum
percentage of acid detergent fiber (ADF);
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
selenium in parts per million (ppm);
(ix) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(d) required
guaranteed analysis for dairy mixing and pasture mineral (if added):
(i) minimum
and maximum percentage of calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt;
(iv) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
percentage of magnesium;
(vi) minimum
percentage of potassium;
(vii) minimum
selenium in parts per million (ppm);
(viii) minimum
vitamin A, other than the precursors of vitamin A, in international units per
pound.
(5) Required
guarantees for equine formula feeds.
(a) animal
classes:
(i) foal;
(ii) mare;
(iii) breeding;
(iv) maintenance;
(b) guaranteed
analysis for equine complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
and maximum percentage of calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
copper in parts per million (ppm);
(vii) minimum
selenium in parts per million (ppm);
(viii) minimum
zinc in parts per million (ppm);
(ix) minimum
vitamin A, other than the precursors of vitamin A, in international units per
pound (if added).
(c) guaranteed
analysis for equine mineral feeds (all animal classes):
(i) minimum
and maximum percentage of calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt (if added);
(iv) minimum
and maximum percentage of sodium shall be guaranteed only when the total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
copper in parts per million (ppm);
(vi) minimum
selenium in parts per million (ppm);
(vii) minimum
zinc in parts per million (ppm);
(viii) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(6) Required
guarantees for goat formula feeds.
(a) animal
classes:
(i) starter;
(ii) grower;
(iii) finisher;
(iv) breeder;
(v) lactating;
(b) guaranteed
analysis for goat complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
and maximum copper in parts per million (ppm) (if added);
(x) minimum
selenium in parts per million (ppm);
(xi) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(7) Required
guarantees for sheep formula feeds:
(a) animal
classes:
(i) starter;
(ii) grower;
(iii) finisher;
(iv) breeder;
(v) lactating;
(b) guaranteed
analysis for sheep complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
and maximum copper in parts per million (ppm) (if added, or if total copper
exceeds 20 ppm);
(x) minimum
selenium in parts per million (ppm);
(xi) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(8) Required
guarantees for duck and geese formula feeds.
(a) animal
classes:
(i) ducks:
1) starter - 0 to 3 weeks of age; 2) grower - 3 to 6 weeks of age; 3) finisher
- 6 weeks to market; 4) breeder developer - 8 to 19 weeks of age; 5) breeder -
22 weeks to end of lay;
(ii) geese:
1) starter - 0 to 4 weeks of age; 2) grower - 4 to 8 weeks of age; 3) finisher
- 8 weeks to market; 4) breeder developer - 10 to 22 weeks of age; 5) breeder -
22 weeks to end of lay.
(b) guaranteed
analysis for duck and geese complete feeds and supplements (for all animal
classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
and maximum percentage of calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
and maximum percentage of salt (if added);
(vii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee.
(9) Required
guarantees for fish complete feeds and supplements.
(a) animal
species shall be declared in lieu of animal class:
(i) trout;
(ii) catfish;
(iii) species
other than trout or catfish;
(b) guaranteed
analysis for all fish complete feeds and supplements:
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
percentage of phosphorus.
(10) Required
guarantees for rabbit complete feeds and supplements.
(a) animal
classes:
(i) grower
- 4 to 12 weeks of age;
(ii) breeder
- 12 weeks of age and over;
(b) guaranteed
analysis for rabbit complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) minimum
and maximum percentage of crude fiber (the maximum crude fiber shall not exceed
the minimum by more than 5.0 units);
(iv) minimum
and maximum percentage of calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
and maximum percentage of salt (if added);
(vii) minimum
and maximum percentage of total sodium shall be guaranteed only when total
Sodium exceeds that furnished by the maximum salt guarantee;
(viii) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(11) The
required guarantees of grain mixtures with or without molasses and feeds other
than those described in Paragraphs (1) through (9) of Subsection D of 21.18.3.9
NMAC shall include the following items, unless exempt in Paragraph 12 of
Subsection D of 21.18.3.9 NMAC, in the order listed:
(a) animal
class(es) and species for which the product is intended.
(b) guaranteed
analysis:
(i) minimum
percentage crude protein;
(ii) maximum
or minimum percentage of equivalent crude protein from non-protein nitrogen as
required in Subsection E of 21.18.3.10 NMAC;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minerals
in formula feeds, to include in the following order: 1) minimum and maximum
percentages of calcium; 2) minimum percentage of phosphorus; 3) minimum and
maximum percentage of salt (if added); 4) minimum and maximum percentage of
total sodium shall be guaranteed only when total sodium exceeds that furnished
by the maximum salt guarantee; 5) other minerals;
(vi) minerals
in feed ingredients - as specified by the official definitions of the
association of American feed control officials;
(vii) vitamins
in such terms as specified in Subsection C of 21.18.3.10 NMAC;
(viii) total
sugars as invert on dried molasses products or products being sold primarily
for their sugar content;
(ix) viable
lactic acid producing microorganisms for use in silages in terms specified in Subsection
G of 21.18.3.10 NMAC;
(x) a
commercial feed (e.g. vitamin/mineral premix, base mix, etc.) intended to
provide a specialized nutritional source for use in the manufacture of other
feeds, must state its intended purpose and guarantee those nutrients relevant
to such stated purpose.
(12) Exemptions.
(a) A
mineral guarantee for feed, excluding those feeds manufactured as complete
feeds and for feed supplements intended to be mixed with grain to produce a
complete feed for swine, poultry, fish, and veal and herd milk replacers, is not
required when:
(i) the
feed or feed ingredient is not intended or represented or does not serve as a
principal source of that mineral to the animal; or
(ii) the
feed or feed ingredient is intended for non-food producing animals and contains
less than 6.5% total mineral.
(b) Guarantees
for vitamins are not required when the commercial feed is neither formulated
for nor represented in any manner as a vitamin supplement.
(c) Guarantees
for crude protein, crude fat, and crude fiber are not required when the
commercial feed is intended for purposes other than to furnish these substances
or they are of minor significance relating to the primary purpose of the
product, such as drug premixes, mineral or vitamin supplements, and molasses.
(d) Guarantees
for microorganisms are not required when the commercial feed is intended for a
purpose other than to furnish these substances or they are of minor
significance relating to the primary purpose of the product and no specific
label claims are made.
(e) The
indication for animal class(es) and species is not required on single
ingredient products if the ingredient is not intended, represented, or defined
for a specific animal class(es) or species.
(1) The
name of each ingredient as defined in the official publication of the association
of American feed control officials, common or usual name, or one approved by
the department.
(2) Collective
terms for the grouping of feed ingredients as defined in the official definitions
of feed ingredients published in the official publication of the association of
American feed control officials in lieu of the individual ingredients; provided
that:
(a) when
a collective term for a group of ingredients is used on the label, individual
ingredients within that group shall not be listed on the label;
(b) the
manufacturer shall provide the feed control official, upon request, with a list
of individual ingredients, within a defined group, that are or have been used
at manufacturing facilities distributing in or into the state.
(3) The
registrant may affix the statement, "ingredients as registered with the state"
in lieu of ingredient list on the label. The list of ingredients must be on
file with the department. This list shall be made available to the feed
purchaser upon request.
F. Directions
for use and precautionary statements or reference to their location if the
detailed feeding directions and precautionary statements required by 21.18.3.13
NMAC and 21.18.3.14 NMAC appear elsewhere on the label.
G. Name,
city, state, and zip code of the manufacturer or person responsible for
distributing the feed.
H. Quantity
statement.
(1) Net
quantity shall be declared in terms of weight, liquid measure, or count based
on applicable requirements under the Fair Packaging and Labeling Act (Title 15
U.S.C. 1453).
(2) Net
quantity labeled in terms of weight shall be expressed both in pounds, with any
remainder in terms of ounces or common or decimal fractions of the pound and in
appropriate Si metric system units; or in the case of liquid measure, both in
the largest whole unit (quarts, quarts and pints, or pints, as appropriate)
with any remainder in terms of fluid ounces or common or decimal fractions of
the pint of quart and in appropriate Si metric system units.
(3) When
the declaration of quantity of contents by count does not give adequate
information as to the quantity of feed in the container, it shall be combined
with such statement of weight, liquid measure, or size of the individual units
as will provide such information.
[21.18.3.9 NMAC - Rp, 21.18.3.9 & 10
NMAC, 9/30/2013; A, 1/1/2021]
21.18.3.10 Expression of Guarantees:
A. The
guarantees for crude protein, equivalent crude protein from non-protein
nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and
acid detergent fiber shall be in terms of percentage.
B. Mineral guarantees
(1) When
the calcium, salt, and sodium guarantees are given in the guaranteed analysis,
such shall be stated and conform to the following:
(a) When
the minimum is below 2.5%, the maximum shall not exceed the minimum by more
than 0.5 percentage point.
(b) When
the minimum is 2.5% but less than 5.0%, the maximum shall not exceed the
minimum by more than one percentage point.
(c) When
the minimum is above 5.0% or greater, the maximum shall not exceed the minimum
by more than 20% of the minimum and in no case shall the maximum exceed the
minimum by more than five percentage points.
(2) When
stated, guarantees for minimum and maximum total sodium and salt: minimum
potassium, magnesium, sulfur, phosphorus, and maximum fluorine shall be in
terms of percentage. Other minimum mineral guarantees shall be stated in parts
per million (ppm) when the concentration is less than 10,000 ppm and in
percentage when the concentration is 10,000 ppm (1%) or greater.
(3) Products
labeled with a quantity statement (e.g., tablets, capsules, granules, or
liquid) may state mineral guarantees in milligrams (mg) per unit (e.g.,
tablets, capsules, granules, or liquids) consistent with the quantity statement
and directions for use.
C. Guarantees
for minimum vitamin content of commercial feeds shall be listed in the order
specified and are stated in mg/lb or in units consistent with those employed
for the quantity statement unless otherwise specified:
(1) vitamin
A, other than precursors of vitamin A, in international units per pound.
(2) vitamin
D-3 in products offered for poultry feeding, in international chick units per
pound.
(3) vitamin
D for other uses, international units per pound.
(4) vitamin
E, in international units per pound.
(5) concentrated
oils and feed additive premixes containing vitamins A, D or E may, at the
option of the distributor, be stated in units per gram instead of units per
pound.
(6) vitamin
B-12, in milligrams or micrograms per pound.
(7) all
other vitamin guarantees shall express the vitamin activity in milligrams per
pound in terms of the following: menadione; riboflavin; d-pantothenic acid;
thiamine; niacin; vitamin B-6; folic acid; choline; biotin; inositol; p-amino
benzoic acid; ascorbic acid; and carotene.
D. Guarantees
for drugs shall be stated in terms of percent by weight, except:
(1) antibiotics,
present at less than 2,000 grams per ton (total) of commercial feed shall be
stated in grams per ton of commercial feed;
(2) antibiotics
present at 2,000 or more grams per ton (total) of commercial feed, shall be
stated in grams per pound of commercial feed;
(3) the
term "milligrams per pound" may be used for drugs or antibiotics in
those cases where a dosage is given in "milligrams" in the feeding
directions.
E. Commercial
feeds containing any added non-protein nitrogen shall be labeled as follows:
(1) For
ruminants
(a) Complete
feeds, supplements, and concentrates containing added non-protein nitrogen and
containing more than 5% protein from natural sources shall be guaranteed as
follows:
(i) crude
protein, minimum, ______ %
(ii) This
includes not more than ______ % equivalent crude protein from non-protein
nitrogen.
(b) Mixed
feed concentrates and supplements containing less than 5% protein from natural
sources may be guaranteed as follows:
equivalent crude protein from
non-protein nitrogen, minimum, ______ %
(c) Ingredient
sources of non-protein nitrogen such as urea, diammonium phosphate, ammonium
polyphosphate solution, ammoniated rice hulls, or other basic non-protein
nitrogen ingredients defined by the association of American feed control
officials shall be guaranteed as follows:
(i) nitrogen,
minimum, ____ %
(ii) equivalent
crude protein from non-protein nitrogen, minimum, ____ %
(2) For
non-ruminants
(a) Complete
feeds, supplements, and concentrates containing crude protein from all forms of
non-protein nitrogen, added as such, shall be labeled as follows:
(i) crude
protein, minimum ______ %
(ii) this
includes not more than ______ % equivalent crude protein which is not
nutritionally available to (species of animal for which feed is intended.
(b) Premixes,
concentrates, or supplements intended for non-ruminants containing more than
1.25% equivalent crude protein from all forms of non-protein nitrogen, added as
such, must contain adequate directions for use and a prominent statement: “WARNING: This feed must be used only in
accordance with directions furnished on the label.
F. Mineral phosphatic materials for
feeding purposes shall be labeled with the guarantee for minimum and maximum
percentage of calcium (when present), the minimum percentage of phosphorus, and
the maximum percentage of fluorine.
G. Guarantees for microorganisms shall
be stated in colony forming units per gram (CFU/g) when directions are for
using the product in grams or in colony forming units per pound (CFU/lb) when
directions are for using the product in pounds. A parenthetical statement
following the guarantee shall list each species in order of predominance.
H. Guarantees for enzymes shall be
stated in units of enzymatic activity per unit weight or volume, consistent
with label directions. The source organism for each type of enzymatic activity
shall be specified, such as: protease (bacillus
subtilis) 5.5 mg amino acids liberated/min./milligram. If two or more sources
have the same type of activity, they shall be listed in order of predominance
based on the amount of enzymatic activity provided.
[21.18.3.10 NMAC - Rp, 21.18.3.11 NMAC, 9/30/2013;
A, 1/1/2021]
21.18.3.11 Substantiation of Nutritional Suitability:
A. A
commercial feed, other than a customer-formula feed, shall be nutritionally
suitable for its intended purpose as represented by its labeling.
B. If the department
has reasonable cause to believe a commercial feed is not nutritionally
suitable, the department may request the feed manufacturer to either submit an
"Affidavit of Suitability" or an alternative procedure acceptable to
the department, certifying the nutritional adequacy of the feed. The affidavit
of suitability or alternate procedure of suitability shall serve as
substantiation of the suitability of the feed.
C. If an affidavit
of suitability or alternative procedure acceptable to the department is not
submitted by the feed manufacturer within 30 days of written notification, the department
may deem the feed adulterated in accordance with Section 76-19A-8M NMSA 1978
and order the feed removed from the marketplace.
D. The
affidavit of suitability shall contain the following information:
(1) the
feed company's name;
(2) the
feed's product name;
(3) the
name and title of the affiant submitting the document;
(4) a
statement that the affiant has knowledge of the nutritional content of the feed
and based on valid scientific evidence the feed is nutritionally adequate for
its intended purpose;
(5) the
date of submission; and,
(6) the
signature of the affiant notarized by a certified notary public.
[21.18.3.11 NMAC - N, 9/30/2013]
21.18.3.12 Ingredients:
A. The name of
each ingredient or collective term for the grouping of ingredients, when
required to be listed, shall be the name as defined in the official definitions
of feed ingredients as published in the official publication of the association
of American feed control officials, the common or usual name, or one approved
by the department.
B. The name of
each ingredient must be shown in letters or type of the same size.
C. No
reference to quality or grade of an ingredient shall appear in the ingredient statement
of a feed.
D. The term
"dehydrated" may precede the name of any product that has been
artificially dried.
E. A single
ingredient product defined by the association of American feed control
officials is not required to have an ingredient statement.
F. Tentative
definitions for ingredients shall not be used until adopted as official, unless
no official definition exists or the ingredient has a common accepted name that
requires no definition, (i.e. sugar) unless approved by the department.
G. When the
word "iodized" is used in connection with a feed ingredient, the feed
ingredient shall contain not less than 0.007% iodine, uniformly distributed.
[21.18.3.12 NMAC - Rp, 21.18.3.12
NMAC, 9/30/2013]
21.18.3.13 Directions for Use and Precautionary Statements:
A. Directions
for use and precautionary statements on the labeling of all commercial feeds
and customer-formula feeds containing additives (including drugs, special
purpose additives, or non-nutritive additives) shall:
(1) be
adequate to enable safe and effective use for the intended purposes by users
with no special knowledge of the purpose and use of such articles; and
(2) include,
but not be limited to, all information described by all applicable regulations
under the Federal Food, Drug and Cosmetic Act.
B. Adequate
directions for use and precautionary statements are required for feeds
containing non-protein nitrogen as specified in 21.18.3.14 NMAC.
C. Adequate
directions for use and precautionary statements necessary for safe and
effective use are required on commercial feeds distributed to supply particular
dietary needs or for supplementing or fortifying the usual diet or ration with
any vitamin, mineral, or other dietary nutrient or compound.
[21.18.3.13 NMAC - Rp, 21.18.3.13
NMAC, 9/30/2013]
21.18.3.14 Non-Protein Nitrogen:
A. Urea and
other non-protein nitrogen products defined in the official publication of the association
of American feed control officials are acceptable ingredients only in
commercial feeds for ruminant animals as a source of equivalent crude protein.
If the commercial feed contains more than 8.75% of equivalent crude protein
from all forms of non-protein nitrogen, added as such, or the equivalent crude
protein from all forms of non-protein nitrogen, added as such, exceeds one third
of the total crude protein, the label shall bear adequate directions for the
safe use of feeds and a precautionary statement: "CAUTION:
USE AS DIRECTED." The directions for use and
the caution statement shall be in type of such size so placed on the label that
they will be read and understood by ordinary persons under customary conditions
of purchase and use.
B. Non-protein
nitrogen defined in the official publication of the association of American feed
control officials, when so indicated, are acceptable ingredients in commercial
feeds distributed to non-ruminant animals as a source of nutrients other than
equivalent crude protein. The maximum equivalent crude protein from non-protein
nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of
the total daily ration.
C. On labels
such as those for medicated feeds, which bear adequate feeding directions and
warning statements, the presence of added non-protein nitrogen shall not
require a duplication of the feeding directions or the precautionary statements
as long as those statements include sufficient information to ensure the safe
and effective use of this product due to the presence of non-protein nitrogen.
[21.18.3.14 NMAC - Rp, 21.18.3.14
NMAC, 9/30/2013]
21.18.3.15 Drug and Feed Additives:
A. Prior to
approval of a registration application or approval of a label for commercial
feed which contain additives (including drugs, other special purpose additives,
or non-nutritive additives) the distributor may be required to submit evidence
to prove the safety and efficacy of the commercial feed when used according to
the directions furnished on the label.
B. Satisfactory
evidence of safety and efficacy of a commercial feed may be:
(1) when
the commercial feed contains such additives, the use of which conforms to the
requirements of the applicable regulation in the “Code of Federal Regulations,
Title 21”, or which are "prior sanctioned" or "informal review
sanctioned" or "generally recognized as safe" for such use; or
(2) when
the commercial feed is itself a drug as defined in Section 76-19A-2I, NMSA 1978
and is generally recognized as safe and effective for the labeled use or is
marketed subject to an application approved by the food and drug administration
under Title 21 U.S.C. 360 b; or
(3) when
one of the purposes for feeding a commercial feed is to impart immunity (that
is to act through some immunological process) the constituents imparting
immunity have been approved for the purpose through the Federal Virus, Serum
and Toxins Act of 1913, as amended; or
(4) when
the commercial feed is a direct fed microbial product and:
(a) the
product meets the particular fermentation product definition; and
(b) the
microbial content statement, as expressed in the labeling, is limited to the
following: "contains a source of live (viable) naturally occurring
microorganisms;" this statement shall appear on the label; and
(c) the
source is stated with a corresponding guarantee expressed in accordance with Subsection
G of 21.18.3.10 NMAC;
(5) when
the commercial feed is an enzyme product and:
(a) the
product meets the particular enzyme definition defined by the association of
American feed control officials; and
(b) the
enzyme is stated with a corresponding guarantee expressed in accordance with Subsection
H of 21.18.3.10 NMAC.
[21.18.3.15 NMAC - Rp, 21.18.3.15
NMAC, 9/30/2013]
21.18.3.16 Adulterants:
A. For the
purpose of Section 76-19A-8A NMSA 1978, a commercial feed shall be deemed
adulterated if:
(1) it
bears or contains any added poisonous, deleterious, or non-nutritive substance
that is unsafe within the meaning of Section 406 of the federal Food, Drug and
Cosmetic Act, other than one that is a pesticide chemical in or on a raw
agricultural commodity or a food additive;
(2) it
is or it bears or contains any food additive that is unsafe pursuant to Section
409 of the federal Food, Drug and Cosmetic Act;
(3) it
is a raw agricultural commodity and it bears or contains a pesticide chemical
that is unsafe within the meaning of Section 408 (a) of the federal Food, Drug
and Cosmetic Act; provided that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or a tolerance
prescribed under Section 408 of that act and such raw agricultural commodity
has been subjected to processing such as canning, cooking, freezing,
dehydrating, or milling the residue of the pesticide chemical remaining in or
on such processed commercial feed shall not be deemed unsafe if the residue in
or on the raw agricultural commodity has been removed to the extent possible in
good manufacturing practice and the concentration of the residue in the
processed feed is not greater than the tolerance prescribed for the raw
agricultural commodity unless the feeding of such processed feed will result or
is likely to result in a pesticide residue in the edible product of the animal
that is unsafe within the meaning of Section 408 (a) of the federal Food, Drug
and Cosmetic Act;
(4) it
is or it bears or contains any color additive that is unsafe within the meaning
of Section 721 of the federal Food, Drug and Cosmetic Act;
(5) it
is or it bears or contains any new animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug and Cosmetic Act;
(6) it
is, in whole or in part, the product of a diseased animal or of an animal that
has died otherwise than by slaughter that is unsafe within the meaning of Section
402 (a)(1) or (2) of the federal Food, Drug and Cosmetic Act;
(7) it
has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with the regulation or exemption in effect pursuant to
Section 409 of the federal Food, Drug and Cosmetic Act;
B. For
the purpose of Section 76-19A-8A NMSA 1978, the terms "poisonous or
deleterious substances" include, but are not limited to, the following:
(1) Fluorine
and any mineral or mineral mixture which is to be used directly for the feeding
of domestic animals and in which the fluorine exceeds 0.20% for breeding and
dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs;
0.45% for swine; and 0.60% for poultry.
(2) Fluorine
bearing ingredients when used in such amounts that they raise the fluorine
content of the total ration (exclusive of roughage) above the following
amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle;
0.006% for sheep; 0.01% for lambs; 0.015% for swine, and 0.03% for poultry.
(3) Fluorine
bearing ingredients incorporated in any feed that is fed directly to cattle,
sheep or goats consuming roughage with or without limited amounts of grain that
results in a daily fluorine intake in excess of 50 milligrams of fluorine per
100 pounds of body weight.
(4) Soybean
meal, flakes, or pellets or other vegetable meals, flakes, or pellets which
have been extracted with trichloroethylene or other chlorinated solvents.
(5) Sulfur
dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds
or feed ingredients which are considered or reported to be a significant source
of vitamin B1 (Thiamine).
C. All
screenings or by-products of grains and seeds containing weed seeds, when used
in commercial feed or sold as such to the ultimate consumer, shall be ground
fine enough or otherwise treated to destroy the viability of such weed seeds so
that the finished product complies with 21.18.4.8 NMAC concerning prohibited
weed seeds per pound and 21.18.4.9 NMAC concerning viable restricted weed seeds
per pound.
[21.18.3.16 NMAC - Rp, 21.18.3.16
NMAC, 9/30/2013]
21.18.3.17 Good Manufacturing Practices: For
the purposes of enforcement of Section 76-19A-8N NMSA 1978 the board adopts the
following as current good manufacturing practices:
A. The
regulations prescribing good manufacturing practices for type B and type C
medicated feeds as published in the “Code of Federal Regulations, Title 21”,
Part 225, Sections 225.1 through 225.202.
B. The
regulations prescribing good manufacturing practices for type A Medicated
Articles as published in the “Code of Federal Regulations, Title 21,” Part 226,
Sections 226.1 through 226.115.
[21.18.3.17 NMAC - Rp, 21.18.3.17
NMAC, 9/30/2013]
21.18.3.18 Certain
Mammalian Proteins Prohibited in Ruminant Feed:
A. Pursuant to
Section 76-19A-8A or 76-19A-8C, NMSA
1978, the board adopts the requirements of “Code of Federal Regulations, Title
21”, 589.2000.
B. Pursuant to Section
76-19A-8A or 76-19A-8C, NMSA 1978, the board adopts the requirements of “Code
of Federal Regulations, Title 21”, 589.2001.
[21.18.3.18 NMAC - N, 9/30/2013]
21.18.3.19 Pet
Food and Specialty Pet Food Label
Format and Labeling:
A. Pet food and specialty pet food shall be
labeled with the following information:
(1) product
name and brand name, if any, on the principal display panel as stipulated in 21.18.3.20
NMAC;
(2) a statement
specifying the species name of pet or specialty pet for which the food is
intended, conspicuously designated on the principal display panel;
(3) quantity
statement, as defined in Section 76-19A-9A(1) NMSA 1978 and Subsection H of 21.18.3.9
NMAC, by weight (pounds and ounces and metric), liquid measure (quarts, pints,
and fluid ounces and metric), or by count on the principal display panel;
(4) guaranteed
analysis as stipulated in 21.18.3.21 NMAC;
(5) ingredient
statement as stipulated in 21.18.3.22 NMAC;
(6) a
statement of nutritional adequacy or purpose, if required, under 21.18.3.24
NMAC;
(7) feeding
directions if required under 21.18.3.25 NMAC; and
(8) name
and address of the manufacturer or distributor as stipulated in 21.18.3.28
NMAC.
B. When
a pet food or specialty pet food enclosed in an outer container or wrapper is
intended for retail sale, all required label information shall appear on the
outer container or wrapper.
C. A vignette,
graphic, or pictorial representation on a pet food or specialty pet food label
shall not misrepresent the contents of the package.
D. The use of the
word "proven" in connection with a label claim for a pet food or
specialty pet food is not permitted unless the claim is substantiated by
scientific or other empirical evidence.
E. No statement
shall appear upon the label or labeling of a pet food or specialty pet food
which makes false or misleading comparisons between that product and any other
product.
F. A personal or
commercial endorsement is permitted on a pet food or specialty pet food label
provided the endorsement is not false or misleading.
G. A statement on a
pet food or specialty pet food label stating "improved," "new,"
or similar designation shall be substantiated and limited to 6 months
production.
H. A statement on a
pet food or specialty pet food label stating preference or comparative attribute
claims shall be substantiated and limited to 1 year production, after which the
claim shall be removed or re-substantiated.
[21.18.3.19 NMAC - N, 9/30/2013]
21.18.3.20 Pet Food and
Specialty Pet Food Brand and Product Names:
A. The words "100%" or "All"
or words of similar designation shall 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 water sufficient for processing, decharacterizing
agents, or trace amounts of preservatives and condiments.
B. An ingredient or a combination of
ingredients may form a part of the product name of a pet food or specialty pet
food:
(1) When
the ingredient(s) constitutes at least 95% of the total weight of the product.
Water sufficient for processing may be excluded when calculating the
percentage; however, the ingredient(s) shall constitute at least 70% of the
total product weight.
(2) When
any ingredient(s) constitutes at least 25% of the weight of the product,
provided that:
(a) water
sufficient for processing may be excluded when calculating the percentage;
however, the ingredients(s) shall constitute at least 10% of the total product
weight; and
(b)
a descriptor is used with the ingredient name(s); this descriptor shall imply
other ingredients are included in the product formula; examples of descriptors
include "dinner," "platter," "entrée,"
"formula," and "recipe"; and
(c) the
descriptor shall be in the same size, style, and color print as the ingredient
name(s).
(3) When
a combination of ingredients, which are included in the product name in
accordance with Subsection B of 21.18.3.20 NMAC, meets all of the following:
(a) Each
ingredient constitutes at least 3% of the product weight, excluding water
sufficient for processing; and,
(b) The
names of the ingredients appear in the order of their respective predominance
by weight in the product; and,
(c) All
such ingredient names appear on the label in the same size, style, and color
print.
C. 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(s) must each
constitute at least 3% of the product weight exclusive of water for processing.
If the names of more than one ingredient are shown, they shall appear in their
respective order of predominance by weight in the product. The 3% minimum level shall not apply to claims
for nutrients such as, but not limited to, vitamins, minerals, and fatty acids
as well as condiments. The word "with," or similar designation and
named ingredients shall 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 sq. in. |
1/8” |
|
5-25 sq. in. |
1/4" |
|
25-100 sq. in |
3/8” |
|
100-400 sq. in |
1/2" |
|
400 sq. in + |
1” |
D. 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.
E. The
product name of the pet food or specialty pet food shall not be derived from
one or more ingredients unless all ingredients are included in the name, except
as specified by Subsections B or C of 21.18.3.20 NMAC; 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 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.
F. Contractions
or coined names referring to ingredients shall not be used in the brand name of
a pet food or specialty pet food unless it is in compliance with Subsections B,
C, or D of 21.18.3.20 NMAC.
G. When
pet food or specialty pet food consists of raw milk, the words “Raw (blank)
Milk” shall appear conspicuously on the principal display panel. (Blank is to
be completed by using the species of animal from which the raw milk is
collected.)
[21.18.3.20 NMAC - N, 9/30/2013]
21.18.3.21 Pet Food and
Specialty Pet Food Expression of Guarantees:
A. The "Guaranteed Analysis"
shall be listed in the following order and format unless otherwise specified in
these regulations:
(1) A
pet food or specialty pet food label shall list the following required
guarantees;
(a) minimum
percentage of crude protein;
(b) minimum
percentage of crude fat;
(c) maximum
percentage of crude fat, if required by 21.18.3.27 NMAC;
(d) maximum
percentage of crude fiber;
(e) maximum
percentage of moisture; and
(f) additional
guarantees shall follow moisture.
(2) When
ash is listed in the guaranteed analysis on a pet food or specialty pet food
label, it shall be guaranteed as a maximum percentage and shall immediately
follow moisture.
(3) A
dog or cat food label shall list other required or voluntary guarantees in the
same order and units of the nutrients in the association of American feed
control officials dog (or cat) food nutrient profiles. Guarantees for
substances not listed in the association of American feed control officials dog
(or cat) food nutrient profiles or not otherwise provided for in these regulations,
shall immediately follow the listing of the recognized nutrients and shall be
accompanied by an asterisk referring to the disclaimer "not recognized as
an essential nutrient by the association of American feed control officials dog
(or cat) food nutrient profiles." The disclaimer shall appear immediately
after the last such guarantee in the same size type as the guarantees.
(4) A
specialty pet food label shall list other required or voluntary guarantees in
the same order and units of the nutrients in an association of American feed
control officials recognized nutrient profile for the specific species;
however, if no species-specific association of American feed control officials recognized
nutrient profile is available, the order and units shall follow the same order
and units of nutrients in the association of American feed control officials cat
food nutrient profile. Guarantees for substances not listed in an association
of American feed control officials recognized nutrient profile for the specific
species of animal shall immediately follow the listing of recognized nutrients
and shall be accompanied by an asterisk referring to the disclaimer “not
recognized as an essential nutrient by the __________.” (Blank is to be
completed by listing the specific association of American feed control officials
recognized nutrient profile.) This disclaimer shall appear immediately after
the last such guarantee in the same size type as the guarantees. No such
disclaimer shall be required unless an association of American feed control
officials recognized nutrient profile is available for the specific species of
specialty pet.
B. The
sliding scale method of expressing a guaranteed analysis on a pet food or
specialty pet food label (for example, "Minimum crude protein
15-18%") is prohibited.
C. The label of a pet food or a
specialty pet food which is formulated as and represented to be a mineral
supplement shall include:
(1) minimum
guarantees for all minerals from sources declared in the ingredient statement
and established by an association of American feed control officials recognized
nutrient profile, expressed as the element in units specified in the nutrient
profile; or
(2) minimum
guarantees for all minerals from sources declared in the ingredient statement
expressed as the element in units specified in the association of American feed
control officials cat food nutrient profiles when no species-specific nutrient
profile has been recognized by the association
of American feed control officials;
and
(3) mineral
guarantees required by Paragraphs (1) and (2) of Subsection C of 21.18.3.21
NMAC may be expressed in milligrams (mg) per unit (e.g., tablets, capsules,
granules, or liquids) consistent with those employed in the quantity statement
and directions for use; and
(4) a
weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.
D. The
label of a pet food or a specialty pet food which is formulated as and
represented to be a vitamin supplement shall include:
(1) minimum
guarantees for all vitamins from sources declared in the ingredient statement
and established by an association of American feed control officials recognized
nutrient profile, expressed in units specified in the nutrient profile; or
(2) minimum
guarantees for all vitamins from sources declared in the ingredient statement expressed
in units specified in the association of American feed control officials cat food
nutrient profiles when no species-specific nutrient profile has been recognized
by the association of American feed control officials; and provided that
(3) vitamin
guarantees required by Paragraphs (1) and (2) of Subsection D of 21.18.3.21
NMAC may be expressed in approved units (e.g., IU, mg, g) per unit (e.g.,
tablets, capsules, granules, or liquids) consistent with those employed in the
quantity statement and directions for use; and
(4) a
weight equivalent (e.g., 1 fl. oz. = 28 grams) for liquid products.
E. When
the label of a pet food or specialty pet food includes a comparison of the
nutrient content of the food with levels established by an association of
American feed control officials recognized nutrient profile (such as a table of
comparison, a percentage, or any other designation referring to an individual
nutrient or all of the nutrient levels) the following apply;
(1) the
product shall meet the association of American feed control officials recognized
nutrient profile; and
(2) the
statement of comparison shall be preceded by a statement that the product meets
the association of American feed control officials recognized profile: however,
the statement that the product meets the association of American feed control
officials recognized nutrient profile is not required provided that the nutritional
adequacy statement as per Paragraph (1) of Subsection A of 21.18.3.24 NMAC or Subparagraph
(a) of Paragraph (2) of Subsection B of 21.18.3.24 NMAC appears elsewhere on
the product label; and
(3) the
statement of comparison of the nutrient content shall constitute a guarantee
but need not be repeated in the guaranteed analysis; and
(4) the
statement of comparison may appear on the label separate and apart from the
guaranteed analysis.
F. The
maximum moisture declared on a pet food or specialty pet food label shall not
exceed 78.00% or the natural moisture content of the ingredients, whichever is
higher. However, pet food and specialty pet food such as, but not limited to,
those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a
milk replacer and which are so labeled, may contain moisture in excess of 78.00%.
G. Guarantees
for crude protein, crude fat, and crude fiber are not required when the pet
food or specialty pet food is intended for purposes other than to furnish these
substances or they are of minor significance relative to the primary purpose of
the product such as a mineral or vitamin supplement.
H. Guarantees
for microorganisms and enzymes shall be stated in the format as stipulated in Subsections
G and H of 21.18.3.10 NMAC.
[21.18.3.21 NMAC - N, 9/30/2013]
21.18.3.22 Pet Food and
Specialty Pet Food Ingredients:
A. Each ingredient of a pet food or
specialty pet food shall be listed in the ingredient statement as follows:
(1) the
names of all ingredients in the ingredient statement shall be shown in letters
or type of the same size, style, and color;
(2) the
ingredients shall be listed in descending order by their predominance by weight
in non-quantitative terms;
(3) ingredients
shall be listed and identified by the name and definition established by the
association of American feed control officials; and
(4) any
ingredient for which no name and definition have been so established shall be
identified by the common or usual name of the ingredient.
B. The ingredients
"meat" or "meat by-products" shall be qualified to
designate the animal from which the meat or meat by-products are derived unless
the meat or meat by-products are derived from cattle, swine, sheep, goats, or
any combination thereof. For example, ingredients derived from horses shall be
listed as "horsemeat" or "horsemeat by-products."
C. Brand or trade
names shall not be used in the ingredient statement.
D. A reference to
the quality, nature, form, or other attribute of an ingredient shall be allowed
when the reference meets all of the following:
(1) the
designation is not false or misleading;
(2) the
ingredient imparts a distinctive characteristic to the pet food or specialty
pet food because it possesses that attribute; and
(3) a
reference to quality or grade of the ingredient does not appear in the
ingredient statement.
[21.18.3.22
NMAC - N, 9/30/2013]
21.18.3.23 Pet Food and
Specialty Pet Food Drugs and Pet Food Additives:
A. An artificial color may be used in a pet food or specialty pet
food only if it has been shown to be harmless to pets or specialty pets. The
permanent or provisional listing of an artificial color in the United States food and drug regulations as safe for
use, together with the conditions, limitations, and tolerances, if any,
incorporated therein, shall be deemed to be satisfactory evidence that the
color is, when used pursuant to such regulations, harmless to pets or specialty
pets.
B. Evidence may be required to prove
the safety and efficacy or utility of a pet food or specialty pet food, which
contains additives or drugs, when used according to directions furnished on the
label. Satisfactory evidence of the safety and efficacy of a pet food or
specialty pet food may be established:
(1) When
the pet food or specialty pet food contains such additives, the use of which
conforms to the requirements of the applicable regulation in the “Code of
Federal Regulations, Title 21,” or which are "prior sanctioned" or “informal
review sanctioned” or "generally recognized as safe" for such use; or
(2) When
the pet food or specialty pet food itself is a drug or contains a drug as
defined in 76-19A-2I, NMSA 1978 and is "generally recognized as safe and
effective" for the labeled use or is marketed subject to an application
approved by the food and drug administration under Title 21, U.S.C. 360(b).
C. When
a drug is included in a pet food or specialty pet food, the format required by Subsection
B of 21.18.3.9 NMAC for labeling medicated feeds shall be used.
[21.18.3.23
NMAC - N, 9/30/2013]
21.18.3.24 Pet Food and
Specialty Pet Food Nutritional Adequacy:
A. The label of a pet food or specialty pet food which is intended
for all life stages of the pet or specialty pet may include an unqualified
claim, directly or indirectly, such as "complete and balanced,"
"perfect," "scientific," or "100% nutritious" if
at least one of the following apply:
(1) the
product meets the nutrient requirements for all life stages established by an association
of American feed control officials recognized nutrient profile; or,
(2) the
product meets the criteria for all life stages as substantiated by completion
of the appropriate association of American feed control officials recognized
animal feeding protocol(s); or
(3) the
product is a member of a product family which is nutritionally similar to a
lead product, which contains a combination of ingredients that has been fed to
a normal animal as the sole source of nourishment in accordance with the
testing procedures established by the association of American feed control
officials for all life stages, provided that:
(a) the
nutritional similarity of the family product can be substantiated according to
the procedures for establishing pet food product families developed by the association
of American feed control officials; and,
(b) the
family product meets the criteria for all life stages; and
(c) under
circumstances of reasonable doubt, the department may require the manufacturer
to perform additional testing of the family product in order to substantiate
the claim of nutritional adequacy.
B. The
label of a pet food or specialty pet food which is intended for a limited
purpose or a specific life stage, but not for all life stages, may include a
qualified claim such as "complete and balanced," "perfect,"
"scientific," or "100% nutritious" when the product and
claim meets all of the following:
(1) The
claim is qualified with a statement of the limited purpose or specific life
stage for which the product is intended or suitable, for example,
"complete and balanced for puppies (or kittens)." The claim and the required qualification shall
be juxtaposed on the same label panel and in the same size, style, and color
print; and
(2) The
product meets at least one of the following:
(a) the
nutrient requirements for the limited purpose or specific life stage
established by an association of American feed control officials recognized
nutrient profile; or,
(b) the
criteria for a limited purpose or a specific life stage as substantiated by
completion of the appropriate association of American feed control officials recognized
animal feeding protocol(s); or,
(c) the
requirements of a product family which is nutritionally similar to a lead
product which contains a combination of ingredients which, when fed for such
limited purpose, will satisfy the nutrient requirements for such limited
purpose and has had its capabilities in this regard demonstrated by adequate
testing, and provided that:
(i) the
nutritional similarity of the family product can be substantiated according to
the procedures for establishing pet food product families developed by the association
of American feed control officials; and,
(ii) the
family product meets the criteria for such limited purpose; and,
(iii) under
circumstances of reasonable doubt, the department may require the manufacturer
to perform additional testing for the family product to substantiate the claim
of nutritional adequacy.
C. Dog
and cat food labels shall include a statement of nutritional adequacy or
purpose of the product except when the dog or cat food is clearly and
conspicuously identified on the principal display panel as a "snack,"
"treat," or “supplement.” The
statement shall consist of one of the following:
(1) a
claim that the dog or cat food meets the requirements of one or more of the
recognized categories of nutritional adequacy: gestation/lactation, growth,
maintenance, and all life stages. The claim shall be stated verbatim as one of
the following:
(a) "(name
of product) is formulated to meet the nutritional levels established by the association
of American feed control officials dog (or cat) food nutrient profiles for
______ ." (blank is to be completed by using the stage or stages of the
pet's life, such as gestation/lactation, growth, maintenance, or the words
"All Life Stages"); or
(b) "animal
feeding tests using association of American feed control officials procedures
substantiate that (name of product) provides complete and balanced nutrition
for ______ ." (blank is to be completed by using the stage or stages of
the pet's life tested, such as gestation/lactation, growth, maintenance, or the
words "All Life Stages"); or
(c) "(name
of product) provides complete and balanced nutrition for ______ (blank is to be
completed by using the stage or stages of the pet's life, such as gestation,
lactation, growth, maintenance or the words "All Life Stages") and is
comparable in nutritional adequacy to a product which has been substantiated
using association of American feed control officials feeding tests;"
(2) a
nutritional or dietary claim for purposes other than those listed in Subsection
A or B of 21.18.3.24 NMAC if the claim is scientifically substantiated; or
(3) the
statement: "this product is intended for intermittent or supplemental
feeding only," if a product does not meet the requirements of Subsection A
or B of 21.18.3.24 NMAC or any other special nutritional or dietary need and so
is suitable only for limited or intermittent or supplementary feeding.
D. A
product intended for use by or under the supervision or direction of a
veterinarian shall make a statement in accordance with Paragraphs (1) or (3) of
Subsection C of 21.18.3.24 NMAC.
E. A
signed affidavit attesting that the product meets the requirements of Subsection
A or Paragraph (2) of Subsection B of 21.18.3.24 NMAC shall be submitted to the
department upon request.
F. If
the nutrient content of a product does not meet those nutrient requirements
established by an association of American feed control officials recognized
nutrient profile or if no requirement has been established by an association of
American feed control officials recognized nutritional authority for the life
stage(s) of the intended species, the claimed nutritional adequacy or purpose
of the product shall be scientifically substantiated.
G. The
following association of American feed control officials recognized nutritional
authority, nutrient profile, or animal feeding protocol shall be acceptable as
the basis for a claim of nutritional adequacy:
(1) As
an association of American feed control officials recognized nutrient profile
or nutritional authority:
(a) for
dogs, the association of American feed control officials dog food nutrient profiles;
(b) for
cats, the association of American feed control officials cat food nutrient profiles;
(c) for
specialty pets, the nutrient recommendations approved by the committee on animal
nutrition of the national research council of the national academy of sciences,
provided that this nutrient recommendation is recognized only for the specific
specialty pet for which the profile is intended.
(2) As
an association of American feed control officials recognized animal feeding
protocol(s), the association of American feed control officials dog and cat food
feeding protocols.
[21.18.3.24
NMAC - N, 9/30/2013]
21.18.3.25 Pet Food and Specialty Pet Food Feeding
Directions:
A. Dog or cat food, including snacks or treats, labeled as complete
and balanced for any or all life stages, as provided in Paragraph (1) of
Subsection C of 21.18.3.24 NMAC, except those pet foods labeled in accordance
with Subsection D of 21.18.3.24 NMAC, shall list feeding directions on the
product label. These directions shall be consistent with the intended use(s)
indicated in the nutritional adequacy statement, unless a limited use or more
limited life stage designation is declared elsewhere (e.g., "adult
formula"). These directions shall be expressed in common terms and shall
appear prominently on the label. Feeding directions shall, at a minimum, state,
"Feed (weight/unit of product) per (weight only) of dog (or cat)."
The frequency of feeding shall also be specified.
B. When a dog or cat food is intended for use by or under the
supervision or direction of a veterinarian, the statement: "Use only as
directed by your veterinarian" may be used in lieu of feeding directions.
C. Specialty pet food, including snacks or treats, labeled as
complete and balanced for any or all life stages, as provided in Subsection A of
21.18.3.24 NMAC, shall list feeding directions on the product label. These
feeding directions shall be adequate to meet the nutrient requirements of the
intended species of specialty pet as recommended by the association of American
feed control officials recognized nutritional authority. These directions shall
be expressed in common terms and shall appear prominently on the label. The
frequency of feeding shall also be specified.
[21.18.3.25
NMAC - N, 9/30/2013]
21.18.3.26 Pet Food and Specialty Pet Food Statements
of Calorie Content:
A. Except as
required in 21.18.3.27 NMAC, the label of a dog or cat food may bear a
statement of calorie content when the label meets all of the following:
(1) The
statement shall be separate and distinct from the "Guaranteed
Analysis" and shall appear under the heading "Calorie Content";
(2) The
statement shall be measured in terms of metabolizable energy (ME) on an
"as fed" basis and must be expressed as "kilocalories per kilogram" ("kcal/kg") of product and may also
be expressed as kilocalories per familiar household measure (e.g., cans, cups,
pounds); and,
(3) The
calorie content is determined by one of the following methods:
(a) by
calculation using the following "modified atwater" formula:
ME(kcal/kg)
= 10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)]
where: ME = metabolizable energy
CP
= % crude protein "as fed"
CF
= % crude fat "as fed"
NFE
= % nitrogen-free extract (carbohydrate) "as fed"
and
the percentages of CP and CF are the arithmetic averages from proximate
analyses of at least four production batches of the product; and the NFE is
calculated as the difference between 100 and the sum of CP, CF, and the
percentages of crude fiber, moisture, and ash (determined in the same manner as
CP and CF); or,
(b) in
accordance with a testing procedure established by the association of American
feed control officials.
(4) An
affidavit shall be provided upon request to the department substantiating that
the calorie content was determined by:
(a) Subparagraph
(a) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the
results of all the analyses used in the calculation shall accompany the
affidavit; or
(b) Subparagraph
(b) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC in which case the
summary data used in the determination of calorie content shall accompany the
affidavit.
(5) The
calorie content statement shall appear as one of the following:
(a) The
claim on the label or other labeling shall be followed parenthetically by the
word "calculated" when the calorie content is determined in
accordance with Subparagraph (a) of Paragraph (3) of Subsection A of 21.18.3.26
NMAC; or
(b) The
value of calorie content stated on the label which is determined in accordance
with Subparagraph (b) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC shall
not exceed or understate the value determined in accordance with Subparagraph
(a) of Paragraph (3) of Subsection A of 21.18.3.26 NMAC by more than 15%.
B. Comparative
claims shall not be false, misleading, or given undue emphasis and shall be
based on the same methodology for the products compared.
[21.18.3.26
NMAC - N, 9/30/2013; A, 1/1/2021]
21.18.3.27 Pet Food and Specialty Pet Food Descriptive
Terms:
A. Calorie terms
(1) "Light"
(a) A dog food product
which bears on its label the terms "light," "lite,"
"low calorie," or words of similar designation shall:
(i) contain no more
than 3100 kcal ME/kg for products containing less than 20% moisture, no more
than 2500 kcal ME/kg for products containing 20% or more but less than 65%
moisture, and no more than 900 kcal ME/kg for products containing 65% or more
moisture; and
(ii) include on the label
a calorie content statement: 1) in accordance with the format provided in 21.18.3.26
NMAC; and 2) which states no more than 3100 kcal ME/kg for products containing
less than 20% moisture, no more than 2500 kcal ME/kg for products containing
20% or more but less than 65% moisture, and no more than 900 kcal ME/kg for
products containing 65% or more moisture; and
(iii) include
on the label feeding directions which reflect a reduction in calorie intake
consistent with the intended use.
(b) A
cat food product which bears on its label the terms "light,"
"lite," "low calorie," or words of similar designation
shall:
(i) contain
no more than 3250 kcal ME/kg for products containing less than 20% moisture, no
more than 2650 kcal ME/kg for products containing 20% or more but less than 65%
moisture, and no more than 950 kcal ME/kg for products containing 65% or more
moisture; and
(ii) include
on the label a calorie content statement: 1) in accordance with the format
provided in 21.18.3.26 NMAC; and 2) which states no more than 3250 kcal ME/kg
for products containing less than 20% moisture, no more than 2650 kcal ME/kg
for products containing 20% or more but less than 65% moisture, and no more
than 950 kcal ME/kg for products containing 65% or more moisture; and
(iii) include
on the label feeding directions which reflect a reduction in calorie intake
consistent with the intended use.
(2) "Less"
or "reduced calories"
(a) A
dog or cat food product which bears on its label a claim of "less calories,"
reduced calories," or words of similar designation shall include on the
label:
(i) the
name of the product of comparison and the percentage of calorie reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears; and
(ii) the
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
(iii) a
calorie content statement in accordance with the format provided in 21.18.3.26
NMAC; and
(iv) feeding
directions which reflect a reduction in calories compared to feeding directions
for the product of comparison.
(b) A
comparison between products in different categories of moisture content (i.e.,
less than 20%, 20% or more but less than 65%, 65% or more) is misleading.
B. Fat
terms
(1) "Lean"
(a) A
dog food product which bears on its label the terms "lean," "low
fat," or words of similar designation shall:
(i) contain
no more than 9% crude fat for products containing less than 20% moisture, no
more than 7% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 4% crude fat for products containing 65% or more moisture;
(ii) include
on the product label in the guaranteed analysis: 1) A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as specified in Paragraph (1) of
Subsection A of 21.18.3.21; and 2) A maximum crude fat guarantee which is no
more than 9% crude fat for products containing less than 20% moisture, no more
than 7% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 4% crude fat for products containing 65% or more
moisture.
(b) A
cat food product which bears on its label the terms "lean," "low
fat," or words of similar designation shall:
(i) contain
a maximum percentage of crude fat which is no more than 10% crude fat for
products containing less than 20% moisture, no more than 8% crude fat for
products containing 20% or more but less than 65% moisture, and no more than 5%
crude fat for products containing 65% or more moisture; and
(ii) include
on the product label in the guaranteed analysis: 1) A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as specified in Paragraph (1) of
Subsection A of 21.18.3.21; and 2) A maximum crude fat guarantee which is no
more than 10% crude fat for products containing less than 20% moisture, no more
than 8% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 5% crude fat for products containing 65% or more
moisture.
(4) "Less"
or "reduced fat"
(a) A
dog or cat food product which bears on its label a claim of "less fat,"
"reduced fat," or words of similar designation, shall include on the
label:
(i) the
name of the product of comparison and the percentage of fat reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears; and
(ii) the
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
(iii) a
maximum crude fat guarantee in the guaranteed analysis immediately following
the minimum crude fat guarantee in addition to the mandatory guaranteed analysis
information as specified in Paragraph (1) of Subsection A of 21.18.3.21 NMAC.
(b) A
comparison on the label between products in different categories of moisture
content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is
misleading.
[21.18.3.27
NMAC - N, 9/30/2013]
21.18.3.28 Pet Food and
Specialty Pet Food Manufacturer or Distributor; Name and Address:
A. The label of a pet food or specialty pet food shall specify the
name and address of the manufacturer or distributor. The statement of the place
of business shall include the street address, city, state, and zip code;
however, the street address may be omitted if such street address is shown in a
current city directory or telephone directory for the city listed on the label.
B. When a person manufactures or distributes a pet food or specialty
pet food in a place other than the principal place of business, the label may
state the principal place of business in lieu of the actual place where each
package of such pet food or specialty pet food was manufactured or packaged or
from where each package is to be distributed.
[21.18.3.28
NMAC - N, 9/30/2013]
21.18.3.29 REGISTRATION EXPIRATION DATE: For the purpose of Section
76-19A-4A, NMSA 1978, all registrations shall expire annually on December 31.
[21.18.3.29 NMAC - Rp, 21.18.3.18 NMAC, 9/30/2013]
21.18.3.30 INSPECTION
FEES:
A. An inspection fee
of fifteen cents ($0.15) per ton is hereby established to be effective on all
commercial feeds sold on and after September 30, 2013; except that feed for
which the department has not developed an inspection service at this time.
B. An
inspection fee of twenty-five dollars ($25.00) is hereby established for each
brand of commercial feed distributed in individual packages of ten (10) pounds
or less sold after September 30, 2013, in New Mexico.
[21.18.3.30 NMAC - Rp, 21.18.3.19 NMAC, 9/30/2013]
21.18.3.31 Spay
and Neuter Program Fee:
A. Additional
Fees
In addition to the commercial feed registration fee, an additional
annual fee shall be collected on each pet food registered with the
department. This fee shall be implemented
as follows:
(1) Beginning
January 1, 2021 and ending December 31, 2021, fifty dollars ($50.00)
(2) Beginning
January 1, 2022 and ending December 31, 2022, seventy-five dollars ($75.00)
(3) Beginning
January 1, 2023, one hundred dollars ($100.00)
B. Exemptions
(1) A
pet food manufacturer shall be exempt of the spay and neuter program fees upon submission of a notarized affidavit
attesting that tax-year annual gross revenue from the distribution of pet food
is no more than three million dollars.
The spay and neuter program fee exemption affidavit shall be submitted
to the department on a form furnished by the department.
(2) A
pet food manufacturer shall be exempt of the spay and neuter program fees for a specific product upon submission of a notarized
affidavit attesting that the specific product meets the definition of
prescription diet. The spay and neuter program
fee exemption affidavit shall be submitted to the department on a form
furnished by the department.
C. Distribution,
ninety-six percent of this additional fee collected shall be deposited with the
state treasurer to credit the statewide spay and neuter subaccount of the
animal care and facility fund. Four percent of this additional fee collected
shall be distributed to the department to administer New
Mexico Commercial Feed Act.
[21.18.3.31 NMAC - N, 1/1/2021]
HISTORY
OF 21.18.3 NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center and Archives under:
NMDA
Rule 73-2, Regulatory Order No. 4, Feed Regulations, filed 5/15/1973.
NMDA
Rule 73-3, Regulatory Order No. 5, Commercial Feed Regulations, filed 5/15/1973.
NMDA
Rule 73-3, Amendment No. 1, Regulatory Order No. 8, Commercial Feed Exemptions,
filed 7/1/1976.
NMDA
Rule 73-10, Regulatory Order No. 6, filed 11/27/1973.
NMDA
Rule 76-5, Regulatory Order No. 7, Feed Inspection Fees, filed 9/28/1976.
NMDA
Rule 84-2, Additional Requirements for Liquid Feed Labeling, filed 10/23/1984.
History of Repealed Material:
21.18.3 NMAC, Commercial Feeds, filed 05/12/2009 -
Duration expired effective 9/30/2013