PURPOSE: This rule permits a declaration of calorie content to provide better information to pet food purchasers.

1. (1) The label of a dog or cat food may bear a statement of calorie content, provided—

   1. (A) The statement shall be separate and distinct from the “Guaranteed Analysis” and shall appear under the heading “Calorie Content”; and
   2. (B) 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., cups, cans, ounces, pounds); and

   3. (C) An affidavit shall be provided upon request by the director, substantiating that the calorie content was determined—

      1. 1. By calculation using the following

“Modified Atwater” formula:

ME (kcal/kg) = 10[(3.5 × CP) +(8.5 × CF)+(3.5 × NFE)] where—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 (4) production batches of the product, and the NFE is calculated as the difference between one hundred (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). The results of all the analyses used in the calculation must accompany the affidavit, and the claim on the label or other labeling must be followed parenthetically by the word “calculated”; or

1. 2. In accordance with a testing proce-

dure established by the Association of American Feed Control Officials. The summary data used in the determination of calorie content must accompany the affidavit. The value stated on the label shall not exceed or understate the value determined in accordance with 2 CSR 70-31.080(1)(C)1. by more than fifteen percent (15%).

1. (D) Comparative claims shall not be false, misleading or given undue emphasis and must be based on the same methodology for both products.

AUTHORITY: section 266.195, RSMo 1994.* Original rule filed Oct. 20, 1995, effective June 30, 1996. *Original authority 1972 amended 1993, 1995.