(a) Labels using the term, Human Grade, shall comply with the following:

1. (1) The use of the term “human grade” shall only be acceptable in reference to the product as a whole. The feed term specifies that every ingredient and the resulting product must be stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for current good manufacturing practices (cGMPs) for human edible foods as specified in 21 CFR part 117;
2. (2) The term “human grade” shall be deemed false and misleading if the product as a whole is not human edible. “Human grade” claims shall not be made for individual ingredients in a finished product that does not fully adhere to the manufacturing and ingredient specifications identified above;

3. (3) In order to substantiate that a “human grade” claim is truthful and not misleading, a manufacturer making one or more “human grade” claims shall have documentation that:

   1. a. Each of the individual ingredient suppliers has verified that the individual ingredients supplied to the manufacturer are fit for human consumption;
   2. b. Every ingredient and the resulting product are stored, handled, processed, and transported in a manner that is consistent and compliant with regulations for cGMPs for human edible foods as specified in 21 CFR part 117; and
   3. c. The manufacturing facility is licensed to produce human food by the appropriate authority. Such evidence shall include, but is not limited to, facility licenses or permits for operation of edible food manufacturing facilities or results of most recent inspections issued by local, county, or state public health authorities;
4. (4) A pet food or specialty pet food product with “human grade” claims shall be clearly labeled for its intended use as animal food, such as “dog food” or “cat treats,” and follow all other pet food or specialty pet food labeling requirements;
5. (5) All uses of the words “human grade” on the label shall not be larger than the statement of intended use required by Agr 1203.02(a)(2);
6. (6) A claim of “human grade ingredients” shall only be acceptable if the product complies with Agr 1203.12(a); and
7. (7) In order to use the term “human grade” on brochures, point of sale materials, websites, and other marketing materials, the statement of intended use shall also be included. All uses of the words “human grade” on labeling shall not be larger than the statement of intended use.

(b) The application to register a pet food or specialty pet food product with a “human grade” claim shall include one of the following:

1. (1) Documentation to substantiate the “human grade” claim as specified in Agr 1203.12(a); or

2. (2) A copy of a USDA issued certificate which verifies that the operation meets the standards as specified in Title 21 CFR part 117.

   Source. #12788, eff 5-23-19

   Appendix A: Incorporation by Reference Information

   Rule

   Material Incorporated

   How Material May be Obtained and Costs

   Agr 1202.01(a) & (b)

   Agr 1202.03(a)(7)

   Agr 1202.03(p)(2)f.

   Agr 1202.03(r)(1) & (2)

   Agr 1202.04 (e)(1)c.

   Agr 1202.05(a)

   Agr 1202.07(a) & (d)

   Agr 1202.08 (b)(5)a.

   Agr 1203.04 (a)(3)

   Agr 1203.05 (a)(3)

   Agr 1203.07(a)(1),(2), & (3)a.

   Agr 1203.07(b)(2)a. & b.

   Agr 1203.07(c)(1)

   Agr 1203.09(a)(3)b.

   AAFCO Official Publication

   2019 Edition

   Association of American Feed Control Officials

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   Champaign, IL 61820

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   Appendix B

   Rule

   Specific State Statute the Rule Implements

   Agr 1200

   RSA 435:25

   (Specific rules implementing specific statutes are listed below)

   Agr 1202

   RSA 435:21 & 435:23

   Age 1203

   RSA 435:19 XVIII, 435:21 & 435:23