Mich. Admin. Code R. 285.635.4 - Pet food brand and product names

Rule 4. The brand and product name on commercial pet foods shall comply with each of the following:

(a) A flavor designation shall not be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by a pet. Any flavor designation on a pet food label shall either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. The word "flavor" shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term or terms from which the flavor designation is derived. A distributor of pet food employing a flavor designation or claims on the labels of the product distributed by it shall, upon request, supply verification of the designation or claimed flavor.

(b) The designation "100%" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than 1 ingredient. However, for the purpose of this subdivision, water sufficient for processing, required decharacterizing agents, and trace amounts of preservatives and condiments shall not be considered ingredients.

(c) The terms "meat" and "meat by-products" shall be qualified by designating the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat by-products."

(d) The name of a pet food shall not be derived from 1 or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are ingredients included in the name as specified by subdivisions (a), (e), or (f). The name of an ingredient or combination of ingredients may be used as a part of the product name if 1 of the following exists:

(i) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is presented in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof.

(ii) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

(iii) It is not otherwise false or misleading.

(e) If an ingredient or combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food provided that where more than 1 ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.

(f) If an ingredient or combination of ingredients derived from animals, poultry, or fish constitutes at least 25% but less than 95% of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as "meatballs" or "fishcakes" so that the product name describes the contents of the product in accordance with an established law, custom, or usage or so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style, and color print.

(g) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with subdivisions (a), (d), (e), or (f).

Notes

Mich. Admin. Code R. 285.635.4

1979 AC