Authority: IC 15-19-7-34 IC 15-19-7-34.5

Affected: IC 15-19-7-26; IC 15-19-7-28

Sec. 3. (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 (1) 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 as follows:

1. (1) When the ingredients derived from animals, poultry, or fish constitutes at least ninety-five percent (95%) of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredient shall constitute at least seventy percent (70%) of the total product weight.

2. (2) When any ingredient constitutes at least twenty-five percent (25%) of the weight of the product, provided the following:

   1. (A) Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients shall constitute at least ten percent (10%) of the total product weight.

   2. (B) A descriptor is used with the ingredient name. This descriptor shall imply other ingredients are included in the product formula. Examples of descriptors include the following:

      1. (i) Dinner.
      2. (ii) Platter.
      3. (iii) Entree.
      4. (iv) Formula.
      5. (v) Recipe.
   3. (C) The descriptor shall be in the same size, style, and color print as the ingredient name.

3. (3) When a combination of ingredients that are included in the product name in accordance with this subsection meets all of the following:

   1. (A) Each ingredient constitutes at least three percent (3%) of the product weight, excluding water sufficient for processing.
   2. (B) The names of the ingredients appear in the order of their respective predominance by weight in the product.
   3. (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 or elsewhere on the product label and includes a descriptor, such as "with" or similar designation, the named ingredients must each constitute at least three percent (3%) of the product weight exclusive of water for processing. If the names of more than one (1) ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The three percent (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:

(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. (1) The flavor designation:

   1. (A) conforms to the name of the ingredient as listed in the ingredient statement; or
   2. (B) is identified by the source of the flavor in the ingredient statement.
2. (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.
3. (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 (1) or more ingredients unless all ingredients are included in the name, except as specified by subsection (b) or (c), provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

1. (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 that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or
2. (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 subsection (b), (c), or (d).

(State Chemist of the State of Indiana; 355 IAC 6-2-3; filed Apr 4, 2002, 9:26 a.m.: 25 IR 2455; readopted filed Nov 12, 2008, 11:24 a.m.: 20081203-IR-355080677RFA; readopted filed Oct 17, 2014, 9:27 a.m.: 20141112-IR-355140344RFA; readopted filed Oct 26, 2020, 10:26 a.m.: 20201125-IR-355200460RFA)