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Section 1 - Legal Authority: C.R.S. 1973, 35-1-106 (g) as amended, C.R.S. 1973, 35-60-109, as amended.
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Section 2 - Definitions and Terms
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(a)
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Principal Display Panel means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail
sale.
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(b)
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Ingredient Statements means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.
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(c)
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Immediate Container means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include
containers used as shipping containers. Top
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Section 3 - Label Format and Labeling
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(a)
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The statement of net content and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be
sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.
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(b)
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The declaration of the net content shall be made in conformity with the United States "Fair Packaging and Labeling Act" and the regulations promulgated thereunder.
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(c)
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The information which is required to appear in the "Guaranteed Analysis" shall be listed in the following order:
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Crude protein (Minimum Amount)
Crude Fat (Minimum Amount)
Crude Fiber (Maximum Amount)
Moisture (Maximum Amount)
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Additional guarantees shall follow moisture.
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(d)
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The label of a pet food shall specify the name and address of the manufacturer, packer, or distributor of the pet food. The statement of the place of business should include
the street address, if any, of such place unless such street address is shown in a current city directory or telephone directory.
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(e)
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If a person manufactures, packages, or distributes a pet food in a place other than his principal place of business in lieu of the actual place where each package of such pet
food was manufactured of packaged or is to be distributed, if such statement is not misleading in any particular.
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(f)
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A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package. Top
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(g)
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The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim
represented as "proven" is available.
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(h)
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No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.
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(i)
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Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.
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(j)
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When a pet food is enclosed in any outer container or wrapper which is intended for retail sale, all required label information must appear on such outside container or wrapper.
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(k)
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The words "Dog Food," Cat Food," or similar designations must appear conspicuously upon the principal display panels of the pet food labels.
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(l)
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The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein container or a recommended feeding thereof,
is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats unless such product or feedings:
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(1)
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Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of the dog or cat, as the case may be, which have been
established by a recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences or,
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(2)
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Contains a combination of ingredients which when fed to a normal animal as the only source of nourishment will provide satisfactorily for fertility of females, gestation and
lactation, normal growth from weaning to maturity without supplementary feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had
its capabilities in this regard demonstrated by adequate testing. Top
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(m)
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Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designated for the feeding of puppies) may contain
representations that said pet food product or recommended feeding thereof is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats
only:
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(1)
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In conjunction with a statement of a limited purpose for which the product is intended or suitable (as, for example, in the statement 'a complete food for puppies'). Such
representations and such required qualification therefor shall be juxtaposed on the same panel in the same size, style and color print; and
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(2)
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Such qualified representations may appear on pet food labels only if:
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(a)
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The pet food contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition, such as the
Committee on Animal Nutrition of the national Research Council of the National Academy of Sciences for such limited or qualified purpose; or
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(b)
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The pet food product contains a combination of ingredients which when fed for such limited purpose will satisfy the nutrient requirements for such limited purpose and has had
its capabilities in this regard demonstrated by adequate testing.
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(n)
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Except as specified by Section 3(a), the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the
impression that such an ingredient is present in the product in a larger amount than is the fact, and if the names of more than one such ingredient are shown, they shall
appear in the order of their respective predominance by weight in the product. Top
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Section 4 - Brand and Product Names
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(a)
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No flavor designation shall 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 the pet. Any flavor designation on a pet food label must 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(s) from which the flavor designation is derived. Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them
shall, upon request, supply verification of the designated or claimed flavor to the appropriate control official.
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(b)
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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 one
ingredient. However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments
shall not be considered ingredients. Top
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(c)
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The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-product are derived unless the meat and
meat by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat by-products."
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(d)
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The name of the pet food shall not e derived from one or more ingredients of a mixture of a pet food product unless all components or ingredients are included in the name
except as specified by Section 3(a), (e), or (f); provided that the name of an ingredient or combination of ingredients may be used as a part of the product name if:
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(1)
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the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a
material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or
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(2)
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it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; or
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(3)
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it is not otherwise false or misleading.
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(e)
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When an ingredient or a 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(s) may form a part of the product name of the pet food; Provided, That where more than one ingredient is part of such product name, then
all such ingredient names shall be in the same size, style, and color print. For the purpose of this provision, water sufficient for processing shall be excluded when
calculating the percentage of the named ingredient(s), however, such named ingredient(s) shall constitute at least 70% of the total product. Top
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(f)
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When an ingredient or a combination of ingredients derived from animals, poultry or fish constitutes at least 25% but less than 95% of the total weight of all 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 prints. For the purpose of this provision, water sufficient
for processing shall be excluded when calculating the percentate of the named ingredient(s). However, such named ingredient(s) shall constitute at least 10% of the total
product.
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(g)
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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 Section 3 (a), (d), (e), or (f).
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