# Title 7 — Agriculture Commissioner

## Article 7-17 — Pet Food and Specialty Pet Food

## Chapter 7-17-12 — Intended Use Statement and Nutritional Adequacy Claims

### § 7-17-12-01. Intended use statement and nutritional adequacy claims.

1. A statement identifying the intended use of a pet food or specialty pet food is required on the
principal display panel of the label in accordance with the following:
a. The intended use of a pet food or specialty pet food must be stated as:
(1) "Complete food" for food products intended to be the complete diet for all life stages
and sizes of a pet or specialty pet. The statement also must include the intended
species (e.g., complete dog food);
(2) For food products intended to be the complete diet for a limited life stage or size of a
pet or specialty pet, one of the two following statements must be used, "complete
food for" or "complete food". The statement also must include the intended species
and life stage, when applicable (e.g., complete adult dog food, complete food for
kittens);
(3) "Veterinary diet" for food products intended to be used under veterinary supervision
only. The statement also must include the intended species (e.g., veterinary diet for
dogs);
(4) "Treat" for food products for pets or specialty pets, provided occasionally for
enjoyment, training, entertainment, or other purposes, and generally not intended or
represented to be a complete food or nutritional supplement. The statement also
must include the intended species (e.g., cat treats);
(5) "Food supplement" for food products for pets or specialty pets that are intended to
supply specific nutrients or other food components but are not a complete diet. The
statement also must include the intended species (e.g., dog food supplement);
(6) "Food mixer" for food products for pets or specialty pets that are intended to top,
accompany, or contribute to a complete diet but generally are not intended or
represented to be a complete diet; or
(7) "Daily food" for food products that are intended to be the daily diet for specialty pets
if no recognized nutritional authority exists. A limited life stage may be indicated.
The statement also must include the intended species (e.g., daily bearded dragon
food).
b. This intended use statement must:
(1) Appear on the label principal display panel and must be repeated on the alternate
principal display panel, if present;
(2) Be at least as large as the statement of net quantity, consistent with 16 CFR 500.21;
(3) Appear in the same color and style as the statement of net quantity and on the
same background color as the statement of net quantity; and
(4) Be separated by at least a space equal to the height of the letter "N" used in the
statement of net quantity from other printed label information on all sides.

2. The label of a pet food or specialty pet food which is intended for all life stages and sizes of
the pet or specialty pet may make unqualified claims, directly or indirectly, such as "complete
and balanced", "perfect", "scientific", or "100% nutritious" if at least one of the following apply:
a. The product meets the nutrient requirements for all life stages and sizes established by
an AAFCO-recognized nutrient profile.
b. The product meets the criteria for all life stages as substantiated by completion of the
appropriate AAFCO-recognized animal feeding protocol. Unqualified claims of nutritional
adequacy that include large size dogs (greater than 70 pounds [31.75 kilograms] as an
adult) can be substantiated by completing the appropriate protocols using large size dogs
or can be substantiated by completing the appropriate protocols using dogs less than
70 pounds [31.75 kilograms] adult weight while containing no more calcium and
phosphorus than the maximum limits for large size dogs listed in the AAFCO Dog Food
Nutrient Profiles.
c. The product is a member of a product family that is nutritionally similar to a lead product
that contains a combination of ingredients that have been fed to a normal animal as the
sole source of nourishment in accordance with the testing procedures established by
AAFCO for all life stages, if:
(1) The nutritional similarity of the family product may be substantiated according to the
procedures for establishing pet food product families developed by AAFCO;
(2) The family product meets the criteria for all life stages; and
(3) Under circumstances of reasonable doubt, the manufacturer performs additional
testing of the family product in order to substantiate the claim of nutritional
adequacy, as required by the commissioner.
3. The label of a pet food or specialty pet food that is intended for a limited purpose (such as size
of dog) or a specific life stage, but not for all life stages and sizes, may make qualified claims,
directly or indirectly, such as "complete and balanced", "perfect", "scientific", or
"100% nutritious" if the product and claim meet both of the following:
a. The claim is qualified with a statement of the limited purpose or specific life stage for
which the product is intended or suitable (e.g., "complete and balanced for puppies").
The claim and the required qualification must be juxtaposed on the same label panel and
in the same size, style, and color print; and
b. The product meets at least one of the following:
(1) The nutrient requirements for the limited purpose or specific life stage established
by an AAFCO-recognized nutrient profile.
(2) The criteria for a limited purpose or a specific life stage as substantiated by
completion of the appropriate AAFCO-recognized animal feeding protocol. Qualified
claims of nutritional adequacy that include large size dogs can be substantiated by
completing the appropriate protocols using large size dogs or can be substantiated
by completing the appropriate protocols using dogs less than 70 pounds [31.75
kilograms] adult weight while containing no more calcium and phosphorus than the
maximum limits for large size dogs listed in the AAFCO Dog Food Nutrient Profiles.
(3) The requirements of a product family that is nutritionally similar to a lead product
which contains a combination of ingredients which, if fed for such limited purpose,
satisfies the nutrient requirements for the limited purpose as demonstrated by
adequate testing, and provided that:

(a) The nutritional similarity of the family product may be substantiated according
to the procedures for establishing pet food product families developed by
(b) The family product meets the criteria for such limited purpose; and
(c) Under circumstances of reasonable doubt, the manufacturer performs
additional testing for the family product to substantiate the claim of nutritional
adequacy, as required by the commissioner.
4. A product intended for use by, or under the supervision or direction of, a veterinarian clearly
must indicate the nutritional adequacy of the product in accordance with paragraph 6 of
subdivision c of subsection 1 of section 7-17-13-01 or paragraph 6 of subdivision b of
subsection 2 of section 7-17-13-01 as required for any other pet food or specialty pet food.
5. A signed affidavit attesting that the product meets the requirements of subsection 2 or
subdivision b of subsection 3 must be submitted to the commissioner upon request.
6. If the nutrient content of a product does not meet those nutrient requirements established by
an AAFCO-recognized nutrient profile, or if no requirement has been established by an
AAFCO-recognized nutritional authority for the life stage of the intended species, the claimed
nutritional adequacy of the product must be scientifically substantiated.
7. The following AAFCO-recognized nutritional authority, nutrient profile, or animal feeding
protocol is acceptable as the basis for a claim of nutritional adequacy:
a. As an AAFCO-recognized nutrient profile or nutritional authority:
(1) For dogs, the AAFCO Dog Food Nutrient Profiles;
(2) For cats, the AAFCO Cat Food Nutrient Profiles;
(3) For specialty pets, the nutrient recommendations approved by the committee on
animal nutrition of the national research council of the national academy of sciences
if the nutrient recommendation is recognized only for the specific specialty pet for
which the profile is intended.
b. As an AAFCO-recognized animal feeding protocol, the AAFCO Dog and Cat Food
Feeding Protocols.
8. 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 AAFCO-recognized nutrient profile, including
a table of comparison, a percentage, or any other designation referring to an individual
nutrient or all of the nutrient levels:
a. The product must meet the AAFCO-recognized nutrient profile;
b. The statement of comparison must be preceded by a statement that the product meets
the AAFCO-recognized profile. However, the statement that the product meets the
AAFCO-recognized nutrient profile is not required if the nutritional adequacy statement
as per subdivision a of subsection 2 or paragraph 1 of subdivision b of subsection 3
appears elsewhere on the product label;
c. The statement of comparison of the nutrient content must constitute a guarantee and
must be in the nutrient guarantees within the pet or specialty pet nutrition facts; and
d. The statement of comparison must appear on the label separate and apart from the
nutrient guarantees within the pet or specialty pet nutrition facts.

History: Effective July 1, 2024.
General Authority: NDCC 4.1-41-20
Law Implemented: NDCC 4.1-41-05, 4.1-41-06, 4.1-41-07
