New Mexico Register / Volume XXXVII, Issue 20 / October 20,
2026
TITLE 21 AGRICULTURE AND RANCHING
CHAPTER 18 SEEDS, FEEDS, AND FERTILIZERS
PART 3 COMMERCIAL
FEEDS
21.18.3.1 Issuing Agency: New Mexico State University, New Mexico Department of
Agriculture.
[21.18.3.1 NMAC - Rp, 21.18.3.1 NMAC, 10/20/2026]
[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005,
Telephone No. (575) 646-3007]
21.18.3.2 Scope: Part 3 shall apply to any person distributing commercial
feeds in New Mexico.
[21.18.3.2 NMAC - Rp, 21.18.3.2 NMAC, 10/20/2026]
21.18.3.3 Statutory Authority:
Granted to the board of regents of
New Mexico state university under the New Mexico Commercial Feed Act, Chapter
76, Article 19A, Sections 1 through 17, New Mexico Statutes Annotated 1978.
[21.18.3.3 NMAC - Rp, 21.18.3.3 NMAC, 10/20/2026]
21.18.3.4 Duration: Permanent.
[21.18.3.4 NMAC - Rp, 21.18.3.4 NMAC, 10/20/2026]
21.18.3.5 Effective Date: October, 20, 2026, unless a later date is cited at the end of a
section.
[21.18.3.5 NMAC - Rp, 21.18.3.5 NMAC, 10/20/2026]
21.18.3.6 Objective: The objective of Part 3 of Chapter 18 is to protect the
consumers of commercial feed products by establishing standards for their
labeling, registration, and sale.
[21.18.3.6 NMAC - Rp, 21.18.3.6 NMAC, 10/20/2026]
21.18.3.7 Definitions:
A. The names
and definitions for commercial feeds shall be the official definition of feed ingredients
adopted by the association of American feed control officials, except as the department
designates otherwise in specific cases.
B. The terms
used in reference to commercial feeds shall be the official feed terms adopted
by the association of American feed control officials, except as the department
designates otherwise in specific cases.
C. The
following commodities are hereby declared exempt from the definition of
commercial feed, under the provisions of Section 76-19A-5A
NMSA 1978: raw meat and loose salt when unground and when not mixed or
intermixed with other materials: provided that these commodities are not
adulterated within the meaning of Section 76-19A-8 NMSA 1978.
D. The definitions in Section 76-19A-2 NMSA
1978 shall apply in addition to the following:
(1) 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.
(2) Ingredient statement means a collective and contiguous listing on the label of the
ingredients of which the pet food or specialty pet food is composed.
(3) Immediate container means the unit, can, box, tin, bag, or other receptacle or
covering in which a pet food or specialty pet food is displayed for sale to
retail purchasers, but does not include containers used as shipping containers.
(4) All life stages means gestation/lactation, growth, and adult maintenance life
stages for dogs, cats, and other
mammals or adult (including breeding animals) and juvenile life stages for
non-mammalian species.
(5) Family
means a group of products, which are nutritionally adequate for any or all life
stages based on their nutritional similarity to a lead product, which has been
successfully test-fed according to an association of American feed control
officials feeding protocol(s).
(6) Daily food means a specialty pet food product, other
than a treat, food mixer or food supplement, for specialty pet species with no
recognized nutritional authority.
(7) Familiar household unit means a typical feeding unit
in volume or count (e.g., can, measuring cup, treat, or piece).
(8) Food mixer means a pet or specialty pet food product
that is intended to top, accompany, or contribute to a complete diet but is not
generally intended to be a complete diet.
(9) Food supplement means a pet or specialty pet food
product that is intended to supply specific nutrient(s) or other food
components but is not a complete diet.
(10) Pet nutrition facts means a graphic box located on
the label containing nutritional information for a pet food product.
(11) Specialty pet nutrition facts means a graphic box
located on the label containing nutritional information for a specialty pet
food product.
(12) Veterinary diet means a pet or specialty pet food
product that is intended only to be used at the direction of and under the
supervision of a licensed veterinarian.
(13) Raw milk means any milk or milk product, exclusive
of USDA licensed veterinary biologics, from any species other than humans, that
has not been pasteurized in accordance with processes recognized by the US food
and drug administration.
(14) Prescription
diet see Veterinary diet.
E. Department means the New Mexico
department of agriculture.
[21.18.3.7 NMAC - Rp, 21.18.3.7 NMAC, 10/20/2026]
21.18.3.8 Label
Format:
A. Commercial
feed, other than customer-formula feed, shall be labeled with the information
prescribed in this regulation on the principal display panel of the product and
in the following format:
(1) product
name and brand name, if any, as stipulated in Subsection A of 21.18.3.9 NMAC;
(2) if
a drug is used, label as stipulated in Subsection B of 21.18.3.9 NMAC;
(3) purpose
statement as stipulated in Subsection C of 21.18.3.9 NMAC;
(4) guaranteed
analysis as stipulated in Subsection D of 21.18.3.9 NMAC;
(5) feed
ingredients as stipulated in Subsection E of 21.18.3.9 NMAC and in 21.18.3.12
NMAC;
(6) directions
for use and precautionary statements as stipulated in Subsection F of 21.18.3.9
NMAC and in 21.18.3.13 NMAC;
(7) name
and principal mailing address of the manufacturer or person responsible for
distributing the feed as stipulated in Subsection G of 21.18.3.9 NMAC;
(8) quantity
statement.
B. Principal display panel:
(1) The
information as required in Paragraphs (1), (2), (3), and (8) of Subsection A of
21.18.3.8 NMAC must appear in its entirety on the principal display panel.
(2) The
information required by Paragraphs (4), (5), (6), and (7) of Subsection A of 21.18.3.8
NMAC shall be displayed in a prominent place on the feed tag or label, but not
necessarily on the principal display panel. When a precautionary statement
required by Paragraph (6) of Subsection A of 21.18.3.8 NMAC does not appear on
the principal display panel, it must be referenced on the principal display
panel with a statement such as "See back of label for precautions."
C. None
of the information required by 21.18.3.8 NMAC shall be subordinated or obscured
by other statements or designs.
D. Customer-formula
feed shall be accompanied with the information prescribed in this regulation
using labels, invoice, delivery ticket, or other shipping document bearing the
following information:
(1) the
name and address of the manufacturer;
(2) the
name and address of the purchaser;
(3) the
date of sale or delivery;
(4) the
customer-formula feed name and brand name if any;
(5) the
product name and net quantity of each registered commercial feed and each other
ingredient used in the mixture;
(6) the
direction for use and precautionary statements as required by 21.18.3.13 NMAC
and 21.18.3.14 NMAC.
(7) If
a drug containing product is used:
(a) the
purpose of the medication (claim statement);
(b) the
established name of each active drug ingredient and the level of each drug used
in the final mixture expressed in accordance with Subsection D of 21.18.3.10
NMAC.
[21.18.3.8 NMAC - Rp, 21.18.3.8 NMAC, 10/20/2026]
21.18.3.9 Label
Information: Commercial
feed, other than customer-formula feed, shall be labeled with the information
prescribed in this regulation.
A. Product name
and brand name, if any.
(1) The
brand or product name must be appropriate for the intended use of the feed and
must not be misleading. If the name
indicates the feed is made for a specific use, the character of the feed must
conform therewith. A commercial feed for
a particular animal class must be suitable for that purpose.
(2) Commercial,
registered brand, or trade names are not permitted in guarantees or ingredient
listings and only in the product name of feeds produced by or for the firm
holding the rights to such a name.
(3) The
name of a commercial feed shall not be derived from one or more ingredients of
a mixture to the exclusion of other ingredients and shall not be one
representing any components of a mixture unless all components are included in
the name: Provided that if any
ingredient or combination of ingredients is intended to impart a distinctive
characteristic to the product which is of significance to the purchaser, the
name of that ingredient or combination of ingredients may be used as a part of
the brand name or product name if the ingredients or combination of ingredients
is quantitatively guaranteed in the guaranteed analysis, and the brand or
product name is not otherwise false or misleading.
(4) The
word "protein" shall not be permitted in the product name of a feed
that contains added non-protein nitrogen.
(5) When
the name carries a percentage value, it shall be understood to signify protein or
equivalent protein content only, even though it may not explicitly modify the
percentage with the word "protein": provided that other percentage
values may be permitted if they are followed by the proper description and
conform to good labeling practice. Digital numbers shall not be used in such a
manner as to be misleading or confusing to the customer.
(6) Single
ingredient feeds shall have a product name in accordance with the designated
definition of feed ingredients as recognized by the association of American feed
control officials unless the department designates otherwise.
(7) The
word "vitamin," or a contraction thereof, or any word suggesting
vitamin can be used only in the name of a feed which is represented to be a
vitamin supplement, and which is labeled with the minimum content of each
vitamin declared, as specified in Subsection C of 21.18.3.10 NMAC.
(8) The
term "mineralized" shall not be used in the name of a feed except for
"TRACE MINERALIZED SALT." When so used, the product must contain
significant amounts of trace minerals, which are recognized as essential for
animal nutrition.
(9) The
term "meat" and "meat by-products" shall be qualified to
designate the animal from which the meat and meat by-products is derived unless
the meat and meat by-products are made from cattle, swine, sheep and goats.
(10) If
the commercial feed consists of raw milk, the words “Raw (blank) Milk” shall
appear conspicuously on the principal display panel. (Blank is to be completed
by using the species of animal from which the raw milk is collected.)
B. If
a drug is used:
(1) The
word "medicated" shall appear directly following and below the
product name in type size no smaller than one-half the type size of the product
name.
(2) Purpose
statement as required in Subsection C of 21.18.3.9 NMAC.
(3) The
purpose of medication (claim statement).
(4) An
active ingredient statement listing the active drug ingredients by their
established name and the amounts in accordance with Subsection D of 21.18.3.10
NMAC.
C. Purpose
statement:
(1) The
statement of purpose shall contain the specific species and animal class(es)
for which the feed is intended as defined in Subsection D of 21.18.3.9 NMAC.
(2) The
manufacturer shall have flexibility in describing in more specific and common
language the defined animal class, species, and purpose while being consistent
with the category of animal class defined in Subsection D of 21.18.3.9 NMAC
which may include, but is not limited to, weight range(s), sex, or ages of the
animal(s) for which the feed is manufactured.
(3) The
purpose statement may be excluded from the label if the product name includes a
description of the species and animal class(es) for which the product is
intended.
(4) The
purpose statement of a premix for the manufacture of feed may exclude the
animal class and species and state "For Further Manufacture of Feed"
if the nutrients contained in the premix are guaranteed and sufficient for
formulation into various animal species feeds and premix specifications are
provided by the end user of the premix. (This
section applicable to commercial feeds regulated under Item (x) of Subparagraph
(b) of Paragraph (11) of Subsection D of 21.18.3.9 NMAC.
(5) The
purpose statement of a single purpose ingredient blend, such as a blend of
animal protein products, milk products, fat products, roughage products, or
molasses products may exclude the animal class and species and state "For
Further Manufacture of Feed" if the label guarantees of the nutrients
contained in the single purpose nutrient blend are sufficient to provide for
formulation into various animal species feeds. (This section applicable to
commercial feeds regulated under Item (x) of Subparagraph (b) of Paragraph (11)
of Subsection D of 21.18.3.9 NMAC.)
(6) The
purpose statement of a product shall include a statement of enzyme
functionality if enzymatic activity is represented in any manner.
(7) The
statement of purpose for single ingredient feeds shall be stated as “single
ingredient feed” or “feed ingredient.” The manufacturer of a single ingredient
feed or feed ingredient shall have flexibility in describing in more specific
and common language the intended use of the feed ingredient dependent on
species and class.
(8) The
purpose statement of a feed intended as a treat for a designated species
(exclusive of pets and specialty pets) shall include the words “treat” or
“snack” and the intended species conspicuously on the principal display panel.
D. Guarantees
- crude protein, equivalent crude protein from non-protein nitrogen, amino acids,
crude fat, crude fiber, acid detergent fiber, calcium, phosphorus, salt, and sodium
shall be the sequence of nutritional guarantees when such guarantee is
stated. Other required and voluntary
guarantees should follow in a general format such that the units of measure
used to express guarantees (percentage, parts per million, international units,
etc.) are listed in a sequence that provides a consistent grouping of the units
of measure.
(1) Required
guarantees for swine formula feeds.
(a) animal
classes:
(i) pre-starter
- 2 to 11 pounds;
(ii) starter
- 11 to 44 pounds;
(iii) grower
- 44 to 110 pounds;
(iv) finisher
- 110 to market weight;
(v) gilts,
sows, and adult boars;
(vi) lactating
gilts and sows;
(b) guaranteed
analysis for swine complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of lysine;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
selenium in parts per million (ppm);
(x) minimum
zinc in parts per million (ppm).
(2) Required
guarantees for formula poultry feeds (broilers, layers, and turkeys).
(a) animal
classes:
(i) layer
- chickens that are grown to produce eggs for food, e.g., table eggs: 1) starting/growing
- from day of hatch to approximately 10 weeks of age; 2) finisher - from
approximately 10 weeks of age to time first egg is produced. (approximately 20 weeks of age); 3) laying -
from time first egg is laid throughout the time of egg production; 4) breeders
- chickens that produce fertile eggs for hatch replacement layers to produce
eggs for food, table eggs, from time first egg is laid throughout their
productive cycle;
(ii) broilers
- chickens that are grown for human food: 1) starting/growing - from day of
hatch to approximately 5 weeks of age; 2) finisher - from approximately 5 weeks
of age to market, (42 to 52 days); 3) breeders - hybrid strains of chickens
whose offspring are grown for human food, (broilers), any age and either sex;
(iii) broilers,
breeders - chickens whose offspring are grown for human food (broilers): 1)
starting/growing - from day of hatch until approximately 10 weeks of age; 2)
finishing - from approximately 10 weeks of age to time first egg is produced,
approximately 20 weeks of age; 3) laying - fertile egg producing chickens
(broilers/roasters) from day of first egg throughout the time fertile eggs are
produced;
(iv) turkeys:
1) starting/growing - turkeys that are grown for human food from day of hatch
to approximately 13 weeks of age (females) and 16 weeks of age (males); 2) finisher
- turkeys that are grown for human food, females from approximately 13 weeks of
age to approximately 17 weeks of age and males from 16 weeks of age to 20 weeks
of age (or desired market weight); 3) laying - female turkeys that are
producing eggs from time first egg is produced throughout the time they are
producing eggs; 4) breeder - turkeys that are grown to produce fertile eggs
from day of hatch to time first egg is produced (approximately 30 weeks of
age), both sexes;
(b) guaranteed
analysis for poultry complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of lysine;
(iii) minimum
percentage of methionine;
(iv) minimum
percentage of crude fat;
(v) maximum
percentage of crude fiber;
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
and maximum percentage of salt (if added);
(ix) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee.
(3) Required
guarantees for beef cattle formula feeds.
(a) animal
classes:
(i) calves
(birth to weaning);
(ii) cattle
on pasture (may be specific as to production stage; e.g. stocker, feeder,
replacement heifers, brood cows, bulls, etc.);
(iii) feedlot
cattle;
(b) guaranteed
analysis for beef complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
percentage of potassium;
(x) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(c) guaranteed
analysis for beef mineral feeds (if added):
(i) minimum
and maximum percentage calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt;
(iv) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
percentage of magnesium;
(vi) minimum
percentage of potassium;
(vii) minimum
copper in parts per million (ppm);
(viii) minimum
selenium in parts per million (ppm);
(ix) minimum
zinc in parts per million (ppm);
(x) minimum
vitamin A, other than precursors of vitamin A, in international units per pound.
(4) Required
guarantees for dairy formula feeds.
(a) animal
classes:
(i) veal
milk replacer - milk replacer to be fed for veal production;
(ii) herd
milk replacer - milk replacer to be fed for herd replacement calves;
(iii) starter
- approximately 3 days to 3 months;
(iv) non-lactating
dairy cattle: replacement dairy heifers, dairy bulls and dairy calves
(v) lactating
dairy cattle;
(vi) non-lactating
dairy cattle;
(b) guaranteed
analysis for veal and herd replacement milk replacer:
(i) minimum
percentage crude protein;
(ii) minimum
percentage crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
and maximum percentage calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(c) guaranteed
analysis for dairy cattle complete feeds and supplements:
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) maximum
percentage of acid detergent fiber (ADF);
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
selenium in parts per million (ppm);
(ix) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added);
(d) required
guaranteed analysis for dairy mixing and pasture mineral (if added):
(i) minimum
and maximum percentage of calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt;
(iv) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
percentage of magnesium;
(vi) minimum
percentage of potassium;
(vii) minimum
selenium in parts per million (ppm);
(viii) minimum
vitamin A, other than the precursors of vitamin A, in international units per
pound.
(5) Required
guarantees for equine formula feeds.
(a) animal
classes:
(i) growing;
(ii) broodmare;
(iii) maintenance;
(iv) performance
(including stallions);
(b) guaranteed
analysis for equine complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) maximum
percentage of acid detergent fiber (adf)
(v) maximum
percentage of neutral detergent fiber (ndf)
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
copper in parts per million (ppm);
(ix) minimum
selenium in parts per million (ppm);
(x) minimum
zinc in parts per million (ppm);
(xi) minimum
vitamin A, other than the precursors of vitamin A, in international units per
pound (if added).
(c) guaranteed
analysis for equine mineral feeds (all animal classes):
(i) minimum
and maximum percentage of calcium;
(ii) minimum
percentage of phosphorus;
(iii) minimum
and maximum percentage of salt (if added);
(iv) minimum
and maximum percentage of sodium shall be guaranteed only when the total sodium
exceeds that furnished by the maximum salt guarantee;
(v) minimum
copper in parts per million (ppm);
(vi) minimum
selenium in parts per million (ppm);
(vii) minimum
zinc in parts per million (ppm);
(viii) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(6) Required
guarantees for goat formula feeds.
(a) animal
classes:
(i) starter;
(ii) grower;
(iii) finisher;
(iv) breeder;
(v) lactating;
(b) guaranteed
analysis for goat complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) maximum
percentage of acid detergent fiber
(vi) minimum
and maximum percentage of calcium;
(vii) minimum
percentage of phosphorus;
(viii) minimum
and maximum percentage of salt (if added);
(ix) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(x) minimum
and maximum copper in parts per million (ppm) (if added);
(xi) minimum
selenium in parts per million (ppm);
(xii) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(7) Required
guarantees for sheep formula feeds:
(a) animal
classes:
(i) starter;
(ii) grower;
(iii) finisher;
(iv) breeder;
(v) lactating;
(b) guaranteed
analysis for sheep complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) when
added;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minimum
and maximum percentage of calcium;
(vi) minimum
percentage of phosphorus;
(vii) minimum
and maximum percentage of salt (if added);
(viii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee;
(ix) minimum
and maximum copper in parts per million (ppm) (if added, or if total copper
exceeds 20 ppm);
(x) minimum
selenium in parts per million (ppm);
(xi) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(8) Required
guarantees for duck and geese formula feeds.
(a) animal
classes:
(i) ducks:
1) starter - 0 to 3 weeks of age; 2) grower - 3 to 6 weeks of age; 3) finisher
- 6 weeks to market; 4) breeder developer - 8 to 19 weeks of age; 5) breeder -
22 weeks to end of lay;
(ii) geese:
1) starter - 0 to 4 weeks of age; 2) grower - 4 to 8 weeks of age; 3) finisher
- 8 weeks to market; 4) breeder developer - 10 to 22 weeks of age; 5) breeder -
22 weeks to end of lay.
(b) guaranteed
analysis for duck and geese complete feeds and supplements (for all animal
classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
and maximum percentage of calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
and maximum percentage of salt (if added);
(vii) minimum
and maximum percentage of total sodium shall be guaranteed only when total sodium
exceeds that furnished by the maximum salt guarantee.
(9) Required
guarantees for fish complete feeds and supplements.
(a) animal
species shall be declared in lieu of animal class:
(i) trout;
(ii) catfish;
(iii) species
other than trout or catfish;
(b) guaranteed
analysis for all fish complete feeds and supplements:
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) maximum
percentage of crude fiber;
(iv) minimum
percentage of phosphorus.
(10) Required
guarantees for rabbit complete feeds and supplements.
(a) animal
classes:
(i) grower
- 4 to 12 weeks of age;
(ii) breeder
- 12 weeks of age and over;
(b) guaranteed
analysis for rabbit complete feeds and supplements (all animal classes):
(i) minimum
percentage of crude protein;
(ii) minimum
percentage of crude fat;
(iii) minimum
and maximum percentage of crude fiber (the maximum crude fiber shall not exceed
the minimum by more than 5.0 units);
(iv) minimum
and maximum percentage of calcium;
(v) minimum
percentage of phosphorus;
(vi) minimum
and maximum percentage of salt (if added);
(vii) minimum
and maximum percentage of total sodium shall be guaranteed only when total
Sodium exceeds that furnished by the maximum salt guarantee;
(viii) minimum
vitamin A, other than precursors of vitamin A, in international units per pound
(if added).
(11) The
required guarantees of grain mixtures with or without molasses and feeds other
than those described in Paragraphs (1) through (9) of Subsection D of 21.18.3.9
NMAC shall include the following items, unless exempt in Paragraph (12) of
Subsection D of 21.18.3.9 NMAC, in the order listed:
(a) animal
class(es) and species for which the product is intended.
(b) guaranteed
analysis:
(i) minimum
percentage crude protein;
(ii) maximum
or minimum percentage of equivalent crude protein from non-protein nitrogen as
required in Subsection E of 21.18.3.10 NMAC;
(iii) minimum
percentage of crude fat;
(iv) maximum
percentage of crude fiber;
(v) minerals
in formula feeds, to include in the following order: 1) minimum and maximum
percentages of calcium; 2) minimum percentage of phosphorus; 3) minimum and
maximum percentage of salt (if added); 4) minimum and maximum percentage of
total sodium shall be guaranteed only when total sodium exceeds that furnished
by the maximum salt guarantee; 5) other minerals;
(vi) minerals
in feed ingredients - as specified by the official definitions of the
association of American feed control officials;
(vii) vitamins
in such terms as specified in Subsection C of 21.18.3.10 NMAC;
(viii) total
sugars as invert on dried molasses products or products being sold primarily
for their sugar content;
(ix) viable
lactic acid producing microorganisms for use in silages in terms specified in Subsection
G of 21.18.3.10 NMAC;
(x) a
commercial feed (e.g. vitamin/mineral premix, base mix, etc.) intended to
provide a specialized nutritional source for use in the manufacture of other
feeds, must state its intended purpose and guarantee those nutrients relevant
to such stated purpose.
(12) Required
guarantees for treats (all animal classes and species, exclusive of pets and
specialty pets):
(a) Minimum
percentage of crude protein
(b) Minimum
percentage of crude fat
(c) Maximum
percentage of crude fiber
(d) Other
guarantees, as needed to support nutrient content claims in the labeling as per
Paragraph (3) of Section 76-19A-9A NMSA 1978, and in accordance with
terminology, order of guarantees and units of expression as specified in
Subsection D of 21.18.3.9 NMAC and 21.18.3.10 NMAC
(13) Exemptions.
(a) A
mineral guarantee for feed, excluding those feeds manufactured as complete
feeds and for feed supplements intended to be mixed with grain to produce a
complete feed for swine, poultry, fish, and veal and herd milk replacers, is
not required when:
(i) the
feed or feed ingredient is not intended or represented or does not serve as a
principal source of that mineral to the animal; or
(ii) the
feed or feed ingredient is intended for non-food producing animals and contains
less than six and one-half percent total mineral.
(b) Guarantees
for vitamins are not required when the commercial feed is neither formulated
for nor represented in any manner as a vitamin supplement.
(c) Guarantees
for crude protein, crude fat, and crude fiber are not required when the
commercial feed is intended for purposes other than to furnish these substances
or they are of minor significance relating to the primary purpose of the
product, such as drug premixes, mineral or vitamin supplements, and molasses.
(d) Guarantees
for microorganisms are not required when the commercial feed is intended for a
purpose other than to furnish these substances or they are of minor
significance relating to the primary purpose of the product and no specific
label claims are made.
(e) The
indication for animal class(es) and species is not required on single
ingredient products if the ingredient is not intended, represented, or defined
for a specific animal class(es) or species.
(1) The
name of each ingredient as defined in the official publication of the association
of American feed control officials, common or usual name, or one approved by
the department.
(2) Collective
terms for the grouping of feed ingredients as defined in the official definitions
of feed ingredients published in the official publication of the association of
American feed control officials in lieu of the individual ingredients; provided
that:
(a) when
a collective term for a group of ingredients is used on the label, individual
ingredients within that group shall not be listed on the label;
(b) the
manufacturer shall provide the feed control official, upon request, with a list
of individual ingredients, within a defined group, that are or have been used
at manufacturing facilities distributing in or into the state.
(3) The
registrant may affix the statement, "ingredients as registered with the state"
in lieu of ingredient list on the label. The list of ingredients must be on
file with the department. This list shall be made available to the feed
purchaser upon request.
F. Directions
for use and precautionary statements or reference to their location if the
detailed feeding directions and precautionary statements required by 21.18.3.13
NMAC and 21.18.3.14 NMAC appear elsewhere on the label.
G. Name,
city, state, and zip code of the manufacturer or person responsible for
distributing the feed.
H. Quantity
statement.
(1) Net
quantity shall be declared in terms of weight, liquid measure, or count based
on applicable requirements under the Fair Packaging and Labeling Act (Title 15
U.S.C. 1453).
(2) Net
quantity labeled in terms of weight shall be expressed both in pounds, with any
remainder in terms of ounces or common or decimal fractions of the pound and in
appropriate Si metric system units; or in the case of liquid measure, both in
the largest whole unit (quarts, quarts and pints, or pints, as appropriate)
with any remainder in terms of fluid ounces or common or decimal fractions of
the pint of quart and in appropriate Si metric system units.
(3) When
the declaration of quantity of contents by count does not give adequate
information as to the quantity of feed in the container, it shall be combined
with such statement of weight, liquid measure, or size of the individual units
as will provide such information.
[21.18.3.9 NMAC - Rp, 21.18.3.9 NMAC, 10/20/2026]
21.18.3.10 Expression of Guarantees:
A. The
guarantees for crude protein, equivalent crude protein from non-protein
nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and
acid detergent fiber shall be in terms of percentage.
B. Mineral guarantees
(1) When
the calcium, salt, and sodium guarantees are given in the guaranteed analysis,
such shall be stated and conform to the following:
(a) When
the minimum is below two and a half percent the maximum shall not exceed the
minimum by more than 0.5 percentage point.
(b) When
the minimum is two and a half percent but less than five percent the maximum
shall not exceed the minimum by more than one percentage point.
(c) When
the minimum is above five percent or greater, the maximum shall not exceed the
minimum by more than twenty percent of the minimum and in no case shall the
maximum exceed the minimum by more than five percentage points.
(2) When
stated, guarantees for minimum and maximum total sodium and salt: minimum
potassium, magnesium, sulfur, phosphorus, and maximum fluorine shall be in
terms of percentage. Other minimum mineral guarantees shall be stated in parts
per million (ppm) when the concentration is less than 10,000 ppm and in
percentage when the concentration is 10,000 ppm (one percent) or greater.
(3) Products
labeled with a quantity statement (e.g., tablets, capsules, granules, or
liquid) may state mineral guarantees in milligrams (mg) per unit (e.g.,
tablets, capsules, granules, or liquids) consistent with the quantity statement
and directions for use.
C. Guarantees for
minimum vitamin content of commercial feeds shall be listed in the order
specified and are stated in mg/lb or in units consistent with those employed
for the quantity statement unless otherwise specified:
(1) vitamin
A, other than precursors of vitamin A, in international units per pound.
(2) vitamin
D-3 in products offered for poultry feeding, in international chick units per
pound.
(3) vitamin
D for other uses, international units per pound.
(4) vitamin
E, in international units per pound.
(5) concentrated
oils and feed additive premixes containing vitamins A, D or E may, at the
option of the distributor, be stated in units per gram instead of units per
pound.
(6) vitamin
B-12, in milligrams or micrograms per pound.
(7) all
other vitamin guarantees shall express the vitamin activity in milligrams per
pound in terms of the following: menadione; riboflavin; d-pantothenic acid;
thiamine; niacin; vitamin B-6; folic acid; choline; biotin; inositol; p-amino
benzoic acid; ascorbic acid; and carotene.
(8) Products
labeled with a quantity statement (e.g., tablets, capsules, granules, or
liquid) may state vitamin guarantees in milligrams per unit (e.g., tablets,
capsules, granules, or liquids) consistent with the quantity statement and
directions for use.
D. Guarantees for
drugs shall be stated in terms of percent by weight, except:
(1) antibiotics,
present at less than 2,000 grams per ton (total) of commercial feed shall be
stated in grams per ton of commercial feed;
(2) antibiotics
present at 2,000 or more grams per ton (total) of commercial feed, shall be
stated in grams per pound of commercial feed;
(3) the
term "milligrams per pound" may be used for drugs or antibiotics in
those cases where a dosage is given in "milligrams" in the feeding
directions.
E. Commercial
feeds containing any added non-protein nitrogen shall be labeled as follows:
(1) For
ruminants
(a) Complete
feeds, supplements, and concentrates containing added non-protein nitrogen and
containing more than five percent protein from natural sources shall be
guaranteed as follows:
(i) crude
protein, minimum, ______ %
(ii) This
includes not more than ______ % equivalent crude protein from non-protein
nitrogen.
(b) Mixed
feed concentrates and supplements containing less than five percent protein
from natural sources may be guaranteed as follows:
equivalent
crude protein from non-protein nitrogen, minimum, ______ %
(c) Ingredient
sources of non-protein nitrogen such as urea, diammonium phosphate, ammonium
polyphosphate solution, ammoniated rice hulls, or other basic non-protein
nitrogen ingredients defined by the association of American feed control
officials shall be guaranteed as follows:
(i) nitrogen,
minimum, ____ %
(ii) equivalent
crude protein from non-protein nitrogen, minimum, ____ %
(2) For
non-ruminants
(a) Complete
feeds, supplements, and concentrates containing crude protein from all forms of
non-protein nitrogen, added as such, shall be labeled as follows:
(i) crude
protein, minimum ______ %
(ii) this
includes not more than ______ % equivalent crude protein which is not
nutritionally available to (species of animal for which feed is intended.
(b) Premixes,
concentrates, or supplements intended for non-ruminants containing more than one
and one-quarter percent equivalent crude protein from all forms of non-protein
nitrogen, added as such, must contain adequate directions for use and a
prominent statement: “WARNING: This feed
must be used only in accordance with directions furnished on the label.
F. Mineral
phosphatic materials for feeding purposes shall be labeled with the guarantee
for minimum and maximum percentage of calcium (when present), the minimum
percentage of phosphorus, and the maximum percentage of fluorine.
G. Guarantees
for microorganisms shall be stated in colony forming units per gram (CFU/g)
when directions are for using the product in grams or in colony forming units
per pound (CFU/lb) when directions are for using the product in pounds. A
parenthetical statement following the guarantee shall list each species in
order of predominance.
H. Guarantees
for enzymes shall be stated in units of enzymatic activity per unit weight or
volume, consistent with label directions. The source organism for each type of
enzymatic activity shall be specified, such as:
protease (bacillus subtilis) 5.5 mg amino acids
liberated/min./milligram. If two or more sources have the same type of
activity, they shall be listed in order of predominance based on the amount of
enzymatic activity provided.
I. Guarantees
for dietary starch, sugars, and fructans for Commercial Feeds, other than
customer-formula feed, Pet Food and Specialty Pet Food Products:
(1) A
commercial feed which bears on its labeling a claim in any manner for levels of
“dietary starch,” “sugars,” “fructans,” or words of similar designation, shall
include on the label:
(a) guarantees
for maximum percentage of dietary starch and maximum percentage sugars, in the
Guaranteed Analysis section immediately following the last fiber guarantee;
(b) a
maximum percentage guarantee for fructans immediately following sugars, if the
feed contains forage products.
(2) When
such guarantees for dietary starch, sugars or fructans for commercial feeds
appear on the label, feeding directions shall indicate the proper use of the
feed product and a recommendation to consult with a veterinarian or
nutritionist for a recommended diet.
[21.18.3.10 NMAC - Rp, 21.18.3.10 NMAC, 10/20/2026]
21.18.3.11 Substantiation
of Nutritional Suitability:
A. A commercial
feed, other than a customer-formula feed, shall be nutritionally suitable for
its intended purpose as represented by its labeling.
B. If the department
has reasonable cause to believe a commercial feed is not nutritionally
suitable, the department may request the feed manufacturer to either submit an
"Affidavit of Suitability" or an alternative procedure acceptable to
the department, certifying the nutritional adequacy of the feed. The affidavit
of suitability or alternate procedure of suitability shall serve as
substantiation of the suitability of the feed.
C. If an affidavit
of suitability or alternative procedure acceptable to the department is not
submitted by the feed manufacturer within 30 days of written notification, the department
may deem the feed adulterated in accordance with Section 76-19A-8M NMSA 1978
and order the feed removed from the marketplace.
D. The
affidavit of suitability shall contain the following information:
(1) the
feed company's name;
(2) the
feed's product name;
(3) the
name and title of the affiant submitting the document;
(4) a
statement that the affiant has knowledge of the nutritional content of the feed
and based on valid scientific evidence the feed is nutritionally adequate for
its intended purpose;
(5) the
date of submission; and,
(6) the
signature of the affiant notarized by a certified notary public.
[21.18.3.11 NMAC - Rp, 21.18.3.11 NMAC, 10/20/2026]
21.18.3.12 Ingredients:
A. The name of
each ingredient or collective term for the grouping of ingredients, when
required to be listed, shall be the name as defined in the official definitions
of feed ingredients as published in the official publication of the association
of American feed control officials, the common or usual name, or one approved
by the department.
B. The name of
each ingredient must be shown in letters or type of the same size.
C. No reference
to quality or grade of an ingredient shall appear in the ingredient statement
of a feed.
D. The term
"dehydrated" may precede the name of any product that has been
artificially dried.
E. A single
ingredient product defined by the association of American feed control
officials is not required to have an ingredient statement.
F. Tentative
definitions for ingredients shall not be used until adopted as official, unless
no official definition exists or the ingredient has a common accepted name that
requires no definition, (i.e. sugar) unless approved by the department.
G. When the
word "iodized" is used in connection with a feed ingredient, the feed
ingredient shall contain not less than 0.007% iodine, uniformly distributed.
[21.18.3.12 NMAC - Rp, 21.18.3.12 NMAC, 10/20/2026]
21.18.3.13 Directions
for Use and Precautionary Statements:
A. Directions
for use and precautionary statements on the labeling of all commercial feeds
and customer-formula feeds containing additives (including drugs, special
purpose additives, or non-nutritive additives) shall:
(1) be
adequate to enable safe and effective use for the intended purposes by users
with no special knowledge of the purpose and use of such articles; and
(2) include,
but not be limited to, all information described by all applicable regulations
under the Federal Food, Drug and Cosmetic Act.
B. Adequate
directions for use and precautionary statements are required for feeds
containing non-protein nitrogen as specified in 21.18.3.14 NMAC.
C. Adequate
directions for use and precautionary statements necessary for safe and
effective use are required on commercial feeds distributed to supply particular
dietary needs or for supplementing or fortifying the usual diet or ration with
any vitamin, mineral, or other dietary nutrient or compound.
D. Raw milk
distributed as commercial feed shall bear the following statement: “WARNING:
NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY
CONTAIN HARMFUL BACTERIA.” This statement shall be displayed in a conspicuous
manner and shall not be smaller than the height of the minimum font required by
the Federal Fair Packaging and Labeling Act for the quantity statement as shown
in the following table:
|
Panel
Size |
Minimum
Warning Statement Type Size |
|
≤5 in.2 |
1/16 in. |
|
>5–≤25 in.2 |
1/8 in. |
|
>25–≤100 in.2 |
3/16 in. |
|
>100–≤400 in.2 |
1/4 in. |
|
>400 in.2 |
1/2 in. |
E. Distribution of raw milk for use as
commercial feed for any species shall be decharacterized with food coloring
approved by the Federal Food, Drug, and Cosmetic Act, according to 21 CFR §§
73.1 et seq. and 21 CFR §§ 74.101 et seq. or in the case of raw milk labeled as
organic, approved by the US Department of Agriculture;
(1) Not
affect nutritive value;
(2) Matches
the color on the Color Requirement card. Any person decharacterizing milk and
milk products may obtain a Color Requirement card from the New Mexico department
of agriculture.
F. Milk
or milk products intended for commercial feed shall not be displayed, sold, or
stored at premises where food is sold or prepared for human consumption, unless
it meets Grade A standards or is decharacterized and properly labeled as
required by 21.18.3.8 NMAC.
[21.18.3.13 NMAC - Rp, 21.18.3.13 NMAC,
10/20/2026]
21.18.3.14 Non-Protein Nitrogen:
A. Urea and
other non-protein nitrogen products defined in the official publication of the association
of American feed control officials are acceptable ingredients only in
commercial feeds for ruminant animals as a source of equivalent crude protein.
If the commercial feed contains more than 8.75% of equivalent crude protein
from all forms of non-protein nitrogen, added as such, or the equivalent crude
protein from all forms of non-protein nitrogen, added as such, exceeds one third
of the total crude protein, the label shall bear adequate directions for the
safe use of feeds and a precautionary statement: "CAUTION:
USE AS DIRECTED." The directions for use and
the caution statement shall be in type of such size so placed on the label that
they will be read and understood by ordinary persons under customary conditions
of purchase and use.
B. Non-protein
nitrogen ingredients defined in the official publication of the association of
American feed control officials, when so indicated, are acceptable ingredients
in commercial feeds distributed to non-ruminant animals as a source of
nutrients other than equivalent crude protein. The maximum equivalent crude
protein from non-protein nitrogen sources when used in non-ruminant rations
shall not exceed one and one-quarter percent of the total daily ration.
C. On labels
such as those for medicated feeds, which bear adequate feeding directions and
warning statements, the presence of added non-protein nitrogen shall not
require a duplication of the feeding directions or the precautionary statements
as long as those statements include sufficient information to ensure the safe
and effective use of this product due to the presence of non-protein nitrogen.
D. Feeding or
use directions for those feeds in which more than fifty percent of the protein
content is derived from non-protein nitrogen sources should include
recommendations as to providing adequate supplies of drinking water, sources of
energy, forages being fed, minerals, adaptation (“warm-up”) periods and stress
conditions when necessary.
[21.18.3.14 NMAC - Rp, 21.18.3.14 NMAC, 10/20/2026]
21.18.3.15 Drug
and Feed Additives:
A. Prior to
approval of a registration application or approval of a label for commercial
feed which contain additives (including drugs, other special purpose additives,
or non-nutritive additives) the distributor may be required to submit evidence
to prove the safety and efficacy of the commercial feed when used according to
the directions furnished on the label.
B. Satisfactory
evidence of safety and efficacy of a commercial feed may be:
(1) when
the commercial feed contains such additives, the use of which conforms to the
requirements of the applicable regulation in the “Code of Federal Regulations,
Title 21”, or which are "prior sanctioned" or "informal review
sanctioned" or "generally recognized as safe" for such use; or
(2) when
the commercial feed is itself a drug as defined in Section 76-19A-2I, NMSA 1978
and is generally recognized as safe and effective for the labeled use or is
marketed subject to an application approved by the food and drug administration
under Title 21 U.S.C. 360 b; or
(3) when
one of the purposes for feeding a commercial feed is to impart immunity (that
is to act through some immunological process) the constituents imparting
immunity have been approved for the purpose through the Federal Virus, Serum
and Toxins Act of 1913, as amended; or
(4) when
the commercial feed is a direct fed microbial product and:
(a) the
product meets the particular fermentation product definition; and
(b) the
microbial content statement, as expressed in the labeling, is limited to the
following: "contains a source of live (viable) naturally occurring
microorganisms;" this statement shall appear on the label; and
(c) the
source is stated with a corresponding guarantee expressed in accordance with Subsection
G of 21.18.3.10 NMAC;
(5) when
the commercial feed is an enzyme product and:
(a) the
product meets the particular enzyme definition defined by the association of
American feed control officials; and
(b) the
enzyme is stated with a corresponding guarantee expressed in accordance with Subsection
H of 21.18.3.10 NMAC.
[21.18.3.15 NMAC - Rp, 21.18.3.15 NMAC, 10/20/2026]
21.18.3.16 Adulterants:
A. For the
purpose of Section 76-19A-8A NMSA 1978, a commercial feed shall be deemed
adulterated if:
(1) it
bears or contains any added poisonous, deleterious, or non-nutritive substance
that is unsafe within the meaning of Section 406 of the federal Food, Drug and
Cosmetic Act, other than one that is a pesticide chemical in or on a raw
agricultural commodity or a food additive;
(2) it
is or it bears or contains any food additive that is unsafe pursuant to Section
409 of the federal Food, Drug and Cosmetic Act;
(3) it
is a raw agricultural commodity and it bears or contains a pesticide chemical
that is unsafe within the meaning of Section 408 (a) of the federal Food, Drug
and Cosmetic Act; provided that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or a
tolerance prescribed under Section 408 of that act and such raw agricultural
commodity has been subjected to processing such as canning, cooking, freezing,
dehydrating, or milling the residue of the pesticide chemical remaining in or
on such processed commercial feed shall not be deemed unsafe if the residue in
or on the raw agricultural commodity has been removed to the extent possible in
good manufacturing practice and the concentration of the residue in the
processed feed is not greater than the tolerance prescribed for the raw
agricultural commodity unless the feeding of such processed feed will result or
is likely to result in a pesticide residue in the edible product of the animal
that is unsafe within the meaning of Section 408 (a) of the federal Food, Drug
and Cosmetic Act;
(4) it
is or it bears or contains any color additive that is unsafe within the meaning
of Section 721 of the federal Food, Drug and Cosmetic Act;
(5) it
is or it bears or contains any new animal drug that is unsafe within the
meaning of Section 512 of the federal Food, Drug and Cosmetic Act;
(6) it
consists in whole or in part of any filthy, putrid, or decomposed substance, or
if it is otherwise unfit for feed; or
(7) it
has been prepared, packed, or held under unsanitary conditions whereby it may
have become contaminated with filth, or whereby it may have been rendered
injurious to health; or
(8) it
is, in whole or in part, the product of a diseased animal or of an animal that
has died otherwise than by slaughter that is unsafe within the meaning of
Section 402 (a)(1) or (2) of the federal Food, Drug and Cosmetic Act;
(9) its container is composed, in
whole or in part, of any poisonous or deleterious substance which may render
the contents injurious to health; or
(10) it
has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with the regulation or exemption in effect pursuant to
Section 409 of the federal Food, Drug and Cosmetic Act;
B. For
the purpose of Section 76-19A-8A NMSA 1978, the terms "poisonous or
deleterious substances" include, but are not limited to, the following:
(1) Fluorine
and any mineral or mineral mixture which is to be used directly for the feeding
of domestic animals and in which the fluorine exceeds 0.20% for breeding and
dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs;
0.45% for swine; and 0.60% for poultry.
(2) Fluorine
bearing ingredients when used in such amounts that they raise the fluorine
content of the total ration (exclusive of roughage) above the following
amounts: 0.004% for breeding and dairy cattle; 0.009% for slaughter cattle;
0.006% for sheep; 0.01% for lambs; 0.015% for swine, and 0.03% for poultry.
(3) Fluorine
bearing ingredients incorporated in any feed that is fed directly to cattle,
sheep or goats consuming roughage with or without limited amounts of grain that
results in a daily fluorine intake in excess of 50 milligrams of fluorine per
100 pounds of body weight.
(4) Soybean
meal, flakes, or pellets or other vegetable meals, flakes, or pellets which
have been extracted with trichloroethylene or other chlorinated solvents.
(5) Sulfur
dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds
or feed ingredients which are considered or reported to be a significant source
of vitamin B1 (Thiamine).
(6) Raw
leather residue from tanning or leather manufacturing.
C. All
screenings or by-products of grains and seeds containing weed seeds, when used
in commercial feed or sold as such to the ultimate consumer, shall be ground
fine enough or otherwise treated to destroy the viability of such weed seeds so
that the finished product complies with 21.18.4.8 NMAC concerning prohibited
weed seeds per pound and 21.18.4.9 NMAC concerning viable restricted weed seeds
per pound.
[21.18.3.16 NMAC - Rp, 21.18.3.16 NMAC, 10/20/2026]
21.18.3.17 Good
Manufacturing Practices: For the purposes of enforcement of Section 76-19A-8N NMSA
1978 the board adopts the following as current good manufacturing practices:
A. The
regulations prescribing good manufacturing practices for type B and type C
medicated feeds as published in the “Code of Federal Regulations, Title 21”,
Part 225, Sections 225.1 through 225.202.
B. The
regulations prescribing good manufacturing practices for type A Medicated
Articles as published in the “Code of Federal Regulations, Title 21,” Part 226,
Sections 226.1 through 226.115.
[21.18.3.17 NMAC - Rp, 21.18.3.17 NMAC, 10/20/2026]
21.18.3.18 Certain
Mammalian Proteins Prohibited in Ruminant Feed:
A. Pursuant to Section
76-19A-8A or 76-19A-8C, NMSA 1978, the board adopts the requirements of “Code
of Federal Regulations, Title 21”, 589.2000.
B. Pursuant to Section
76-19A-8A or 76-19A-8C, NMSA 1978, the board adopts the requirements of “Code
of Federal Regulations, Title 21”, 589.2001.
[21.18.3.18 NMAC - Rp, 21.18.3.18 NMAC, 10/20/2026]
21.18.3.19 Pet Food
and Specialty Pet Food Label Format and
Labeling:
A. Pet
food and specialty pet food shall be labeled with the following information:
(1) product
name and brand name, if any, on the principal display panel as stipulated in 21.18.3.20
NMAC;
(2) a statement specifying
the purpose of the products as stipulated in Subsection A of 21.18.3.21 NMAC;
(3) quantity statement,
as defined in Subsection (1) of Section 76-19A-9A NMSA 1978 and Subsection H of
21.18.3.9 NMAC, by weight (pounds and ounces and metric), liquid measure
(quarts, pints, and fluid ounces and metric), or by count on the principal
display panel;
(4) pet Nutrition Facts or Specialty Pet
Nutrition Facts as specified in 21.18.3.22 NMAC;
(5) ingredient statement as specified in Subsection A of
21.18.3.23 NMAC;
(6) feeding directions as required in 21.18.3.25 NMAC;
(7) name and address of the
manufacturer or distributor as specified in 21.18.3.28 NMAC; and
(8) handling and Storage Instructions may be displayed
as required in 21.18.3.29 NMAC.
B. When
a pet food or specialty pet food enclosed in an outer container or wrapper is
intended for retail sale, all required label information shall appear on the
outer container or wrapper.
C. A vignette,
graphic, or pictorial representation on a pet food or specialty pet food label
shall not misrepresent the contents of the package.
D. The use of the
word "proven" in connection with a label claim for a pet food or
specialty pet food is not permitted unless the claim is substantiated by
scientific or other empirical evidence.
E. No statement shall
appear upon the label or labeling of a pet food or specialty pet food which
makes false or misleading comparisons between that product and any other
product.
F. A personal or
commercial endorsement is permitted on a pet food or specialty pet food label
provided the endorsement is not false or misleading.
G. A statement on a
pet food or specialty pet food label stating "improved," "new,"
or similar designation shall be substantiated and limited to 6 months
production.
H. A statement on a
pet food or specialty pet food label stating preference or comparative
attribute claims shall be substantiated and limited to 1 year production, after
which the claim shall be removed or re-substantiated.
I. Raw
milk distributed as pet food or specialty pet food shall bear the following
statement “WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN
PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA.” This statement shall be
displayed in a conspicuous manner and shall not be smaller than the height of
the minimum font required by the Federal Fair Packaging and Labeling Act for
the net quantity statement as shown in the following table:
|
Panel Size |
Minimum Warning Statement Type Size |
|
≤5 in.2 |
1/16 in. |
|
>5–≤25
in.2 |
1/8 in. |
|
>25–≤100
in.2 |
3/16 in. |
|
>100–≤400
in.2 |
1/4 in. |
|
>400 in.2 |
1/2 in. |
J. When pet food or specialty pet food
consists of raw milk, the words, “Raw [blank] Milk” shall appear conspicuously
on the principal display panel (blank is to be completed by using the species
of animal from which the raw milk is collected).
[21.18.3.19 NMAC - Rp, 21.18.3.19 NMAC, 10/20/2026]
21.18.3.20 Pet Food and Specialty Pet Food Brand and
Product Names:
A. The
names of the ingredient(s) used in the brand or product name or elsewhere on
the product label shall appear in order of predominance by weight in the
product. Names of flavors due to their varying intensity can be in any order.
B. The words "100%”
or "All" or words of similar designation shall not be used in the
brand or product name of a pet food or specialty pet food if the product
contains more than one ingredient, not including water sufficient for
processing, decharacterizing agents, or trace amounts of preservatives and
condiments.
C. An ingredient or a
combination of ingredients may form a part of the product name of a pet food or
specialty pet food:
(1) When
the ingredient(s) constitutes at least ninety-five percent of the total weight
of the product. Water sufficient for processing may be excluded when
calculating the percentage; however, the ingredient(s) shall constitute at
least seventy percent of the total product weight.
(2) When
any ingredient(s) constitutes at least twenty-five percent of the weight of the
product, provided that:
(a) water
sufficient for processing may be excluded when calculating the percentage;
however, the ingredients(s) shall constitute at least ten percent of the total
product weight; and
(b)
a descriptor is used with the ingredient name(s); this descriptor shall imply
other ingredients are included in the product formula; examples of descriptors
include "dinner," "platter," "entrée,"
"formula," and "recipe"; and
(c) the
descriptor shall be in the same size, style, and color print as the ingredient
name(s).
(3) When
a combination of ingredients, which are included in the product name in
accordance with Subsection B of 21.18.3.20 NMAC, meets all of the following:
(a) Each
ingredient constitutes at least three percent of the product weight, excluding
water sufficient for processing; and,
(b) All
such ingredient names appear on the label in the same size, style, and color
print.
D. When the name of
any ingredient appears in the product name of a pet food, specialty pet food,
or elsewhere on the product label and includes a descriptor such as
"with" or similar designation, the named ingredient(s) must each
constitute at least three percent of the product weight exclusive of water for
processing. If the names of more than one ingredient are shown, they shall
appear in their respective order of predominance by weight in the product. The three percent minimum level shall not
apply to claims for nutrients such as, but not limited to, vitamins, minerals,
and fatty acids as well as condiments. The word "with," or similar
designation and named ingredients shall be in the same size, style, color, and
case print and be of no greater size than:
|
Panel Size |
Maximum “with claim” Type Size |
|
< 5 sq. in. |
1/8” |
|
5-25 sq. in. |
1/4" |
|
25-100 sq. in |
3/8” |
|
100-400 sq. in |
1/2" |
|
400 sq. in + |
1” |
E. A flavor
designation may be included as part of the product name or elsewhere on the
label of a pet food or specialty pet food when the flavor designation meets all
of the following:
(1) the
flavor designation:
(a) conforms
to the name of the ingredient as listed in the ingredient statement; or
(b) is
identified by the source of the flavor in the ingredient statement; and
(2) the
word "flavor" is printed in the same size type and with an equal
degree of conspicuousness as the name of the flavor designation; and
(3) substantiation
of the flavor designation, the flavor claim, or the ingredient source is
provided upon request.
F. Contractions
or coined names referring to ingredients shall not be used in the brand name of
a pet food or specialty pet food unless it is in compliance with Subsections C,
D or E of 21.18.3.20 NMAC.
G. Unless
a pet food and specialty pet food is identified on the principal display panel
as a stew, gravy, sauce, broth, aspic, juice, milk replacer, or other such
name, the maximum moisture declared on a pet food or specialty pet food label
shall not exceed seventy-eight percent or the natural moisture content of the
ingredients, whichever is higher.
[21.18.3.20 NMAC - Rp, 21.18.3.20 NMAC, 10/20/2026]
21.18.3.21 Purpose Statement and Nutritional Adequacy
Claims:
A. A statement
identifying the purpose of a pet food or specialty pet food is required on the
principal display panel of the label in accordance with the following:
(1) The
purpose of a pet food or specialty pet food shall be stated as:
(a) “Complete [Species]
Food” – for food products intended to be the complete diet for all life stages
and sizes of a pet or specialty pet in accordance with the unqualified claims
in Subsection B of 21.18.3.21 NMAC;
(b) For
food products intended to be the complete diet for a limited life stage or size
of a pet or specialty pet in accordance with the qualified claims in Subsection
C of 21.18.3.21 NMAC, one of the two following statements shall be used:
(i) Complete
food for [blank] where the blank shall be filled with
One or more of the following: 1) “adult [species];” 2) “puppies,”
“kittens,” or “juvenile [species other than dog or cat];” 3) “puppies (<70 lb. As an adult);” 4) “dogs (except puppies >70 lb. As an adult)”;
or
(ii) Complete
[blank] food where the blank shall be filled with
One or more of the following: 1)“adult [species];” 2) “puppy,” “kitten,” or “juvenile
[species other than dog or cat];” 3) “puppy (<70 lb. As an adult);” or 4)
“dog (except puppies >70 lb. As an adult)”;
(c) Veterinary
diet for [species] – for food products intended to be used under veterinary
supervision only in accordance with regulation pf4(d);
(d) “[species]
treat” – for food products for pets or specialty pets, provided occasionally
for enjoyment, training, entertainment, or other purposes, and not generally
intended or represented to be a complete food or nutritional supplement;
(e) “[species]
food supplement” – for food products for pets or specialty pets that are
intended to supply specific nutrient(s) or other food components but are not a
complete diet;
(f) “[species]
food mixer” – for food products for pets or specialty pets that are intended to
top, accompany, or contribute to a complete diet but are not generally intended
or represented to be a complete diet; or
(g) “daily
[specialty pet species] food” – for food products that are intended to be the
daily diet for specialty pets where no recognized nutritional authority exists.
A limited life stage may be indicated, i.e., “daily [specialty pet species]
food for [juveniles or adults].”
(2) This
purpose statement shall:
(a) appear
within the bottom thirty percent of the area of the label principal display
panel in lines generally parallel to the base on which the package rests as it
is designed to be displayed and shall be repeated on the alternate principal
display panel, if present. However, on packages having a principal display
panel of 5 square inches or less, the requirement for placement within the
bottom thirty percent of the area of the label panel shall not apply;
(b) be
at least as large as the statement of net quantity, consistent with 16 CFR
500.21;
(c) 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
(d) 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 appearing above or below it and by at least a space
equal to twice the width of the letter “n” of the style of type used in the
quantity of contents statement from other printed label information appearing
to the left or right of it.
B. 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:
(1) the
product meets the nutrient requirements for all life stages and sizes
Established by an Association of American feed control
officials-recognized nutrient profile; or
(2) the
product meets the criteria for all life stages as substantiated by completion
of the appropriate Association of American feed control officials-recognized
animal feeding protocol(s);
(a) unqualified
claims of nutritional adequacy that include large size dogs (greater than 70
lb. As an adult) can be substantiated by completing the appropriate protocols
using large size dogs; or
(b) can
be substantiated by completing the appropriate protocols using dogs less than
70 lb. Adult weight while containing no more calcium and phosphorus than the
maximum limits for large size dogs listed in
the Association of American feed control officials dog food nutrient
profiles; or
(3) the
product is a member of a product family which is nutritionally similar to a
lead product which contains a combination of ingredients that has been fed to a
normal animal as the sole source of nourishment in accordance with the testing
procedures established by Association of American feed control officials for
all life stages, provided that:
(a) the
nutritional similarity of the family product can be substantiated according to
the procedures for establishing pet food product families developed by
Association of American feed control officials; and
(b) the
family product meets the criteria for all life stages; and
(c) under
circumstances of reasonable doubt, the [state control official] may require the
manufacturer to perform additional testing of the family product in order to
substantiate the claim of nutritional adequacy.
C. The label of a pet
food or specialty pet food which 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” when the product and
claim meet both of the following:
(1) The
claim is qualified with a statement of the limited purpose or specific life
stage for which the product is intended or suitable, for example, “complete and
balanced for puppies (or kittens).” The claim and the required qualification
shall be juxtaposed on the same label panel and in the same size, style, and
color print; and
(2) The
product meets at least one of the following:
(a) the nutrient
requirements for the limited purpose or specific life stage established by an
Association of American feed control officials-recognized nutrient profile; or
(b) the
criteria for a limited purpose or a specific life stage as substantiated by
completion of the appropriate Association of American feed control
officials-recognized animal feeding protocol(s);
(i) qualified
claims of nutritional adequacy that include large size dogs can be
substantiated by completing the appropriate protocols using large size dogs; or
(ii) can
be substantiated by completing the appropriate protocols using dogs less than
70 lb. Adult weight while containing no more calcium and phosphorus than the
maximum limits for large size dogs listed in the Association of American feed
control officials dog food nutrient profiles; or
(c) the
requirements of a product family which is nutritionally similar to a lead
product which 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, and provided that:
(i) the
nutritional similarity of the family product can be substantiated according to
the procedures for establishing pet food product families developed by
Association of American feed control officials; and
(ii) the
family product meets the criteria for such limited purpose; and
(iii) under
circumstances of reasonable doubt, the department may require the manufacturer
to perform additional testing for the family product to substantiate the claim
of nutritional adequacy.
D. A
product intended for use by, or under the supervision or direction of, a
veterinarian shall clearly indicate the nutritional adequacy of the product in
accordance with regulation Subparagraph (f) of Paragraph (3) of Subsection A of
21.18.3.22 NMAC or Subparagraph (f) of Paragraph (2) of Subsection B of 21.18.3.22
NMAC as would be required for any other pet food or specialty pet food.
E. A
signed affidavit attesting that the product meets the requirements of
Subsection B of 21.18.3.21 NMAC or Subsection C of 21.18.3.21 NMAC shall be
submitted to the upon request.
F. If
the nutrient content of a product does not meet those nutrient requirements
established by an Association of American feed control officials-recognized
nutrient profile, or if no requirement has been established by an Association
of American feed control officials-recognized nutritional authority for the
life stage(s) of the intended species, the claimed nutritional adequacy of the
product shall be scientifically substantiated.
G. The
following Association of American feed control officials-recognized nutritional
authority, nutrient profile, and/or animal feeding protocol shall be acceptable
as the basis for a claim of nutritional adequacy:
(1) As
an Association of American feed control officials-recognized nutrient profile
or nutritional authority:
(a) For
dogs, the Association of American feed control officials dog food nutrient
profiles;
(b) For
cats, the Association of American feed control officials cat food nutrient
profiles;
(c) For
specialty pets, the nutrient recommendations approved by the committee on
animal nutrition of the national research council of the national academy of
sciences, provided that, this nutrient recommendation is recognized only for
the specific specialty pet for which the profile is intended.
(2) As
an Association of American feed control officials-recognized animal feeding
protocol(s), the Association of American feed control officials dog and cat
food feeding protocols.
H. 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 Association of
American feed control officials-recognized nutrient profile such as a table of
comparison, a percentage, or any other designation referring to an individual
nutrient or all of the nutrient levels, the following apply;
(1) The
product shall meet the Association of American feed control
officials-recognized nutrient profile; and
(2) The
statement of comparison shall be preceded by a statement that the product meets
the Association of American feed control officials-recognized profile; however,
the statement that the product meets the Association of American feed control
officials-recognized nutrient profile is not required provided that the
nutritional adequacy statement as per regulation Paragraph (1) of Subsection B
of 21.18.3.21 NMAC or Subparagraph (a) of Paragraph (2) of Subsection C of 21.18.3.21
NMAC appears elsewhere on the product label; and
(3) The
statement of comparison of the nutrient content shall constitute a guarantee
and shall be in the nutrient guarantees within the pet or specialty pet
nutrition facts; and
(4) The
statement of comparison shall appear on the label separate and apart from the
nutrient guarantees within the pet or specialty pet nutrition facts.
[21.18.3.21 NMAC - Rp, 21.18.3.21 NMAC, 10/20/2026]
21.18.3.22 Pet and Specialty Pet Nutrition Facts:
A. Pet Nutrition
Facts shall be displayed in a prominent place on the label of all pet foods
(including treats, food supplements, veterinary diets, and food mixers), but
not necessarily on the principal display panel. The information shall be set
off in a box by use of hairlines and shall be all black or one-color type,
printed on a white or other neutral contrasting background so as to be clearly
visible under the heading “Pet Nutrition Facts” that is centered in the top row
of the box and twice the size of all other text in the box. A hairline rule
that is centered between the lines of text shall separate “Pet Nutrition Facts”
from the next line of text. The box contains the following required elements
with all text the same size and style in the following order:
(1) the
stated whole familiar household unit (e.g., can, measuring cup, treat, or
piece), consistent with the feeding directions, and its weight in grams shall
be right justified. This is set off by a bold line centered between this and
the next line of text.
(2) a
statement of calorie content, determined as specified in 21.18.3.26 NMAC shall
include the following:
(a) the
calorie content of the product shall be stated after the left justified
heading:
(i) “Calories
per [familiar household unit]†: [#]” when the calorie content is determined in
accordance with Paragraph (1) of Subsection A of 21.18.3.26 NMAC or
(ii) “Calories
per [familiar household unit] (fed): [#]” when the calorie content is
determined in accordance with 21.18.3.26(A)2 NMAC.
(b) Below
the calorie content statement, the number of calories contributed by Protein,
Fat, and Carbohydrate shall be declared, in that order, after “From:”. The
“From:” line shall be indented to reflect that it is a component of the total calories
on the line above. If the total calorie content of the product is determined by
feeding trial in accordance with Paragraph (2) of Subsection A of 21.18.3.26
NMAC then “†” shall be declared immediately after the number of calories from carbohydrates.
The determination of calories from protein, fat, and carbohydrate are as
described in Subsection C of 21.18.3.26 NMAC. This is set off by a bold line
centered between this and the next line of text.
(3) The
nutrient guarantees shall appear under the headers “Nutrients” that is left
justified to the edge of the box, “Guaranteed” that is right justified to a
vertical hairline that runs from this line of text to the last guaranteed
nutrient value, and “per [familiar household unit]” that is right justified to
the edge of the box. The amount “per [familiar household unit]” for each
nutrient is determined by multiplying the guaranteed amount (concentration) by
the number of grams in the familiar household unit and shall include the
resultant unit of such amount (e.g., grams, milligrams, or international
units). The guarantees shall be listed in the following order with a hairline
centered between each line of text:
(a) A
pet food label shall list the following required guaranteed amounts, stated as
a maximum or minimum, as appropriate:
(i) “Protein”
is minimum percentage of crude protein;
(ii) “Fat”
is minimum percentage of crude fat;
(iii) “Total
Carbohydrate†” is maximum percentage equal to [100 – (Crude Protein + Crude Fat
+ Moisture + Ash)];
(iv) “Dietary
Fiber” is maximum percentage of total dietary fiber. The dietary fiber
guarantee shall be indented to reflect that it is a component of the total
carbohydrate guarantee on the line above;
(v) “Moisture”
is maximum percentage of moisture; and
(vi) Maximum
percentage of crude fat (“Fat”) shall be listed between the minimum percentage
of crude fat and the maximum percentage “Total Carbohydrate” if required by
Regulation PF9;
(vii) additional
required or voluntary guarantees shall follow moisture or ash, if listed.
(b) When
“Ash” is listed, it shall be guaranteed as a maximum percentage and shall
immediately follow moisture.
(c) When
listed on the label of a dog or cat food product, guarantees for “Dietary
Starch” and “Sugars” shall be stated as maximum guaranteed amounts. Neither
guaranteed amount shall be listed without the other. The guaranteed amount for
dietary starch shall follow dietary fiber with the same indentation. The
guaranteed amount for sugars shall follow dietary starch with the same
indentation.
(d) The
“†calculated value” shall appear immediately after the last guarantee below a
bold line.
(e) Other
additional required or voluntary guarantees shall appear in accordance with the
following:
(i) guarantees
for nutrients are in the same order and units of the nutrients in the
Association of American feed control officials Dog (or Cat) Food Nutrient
Profiles following ash, if also listed, or moisture, if ash is not listed.
(ii) guarantees
for substances not listed in the Association of American feed control officials
Dog (or Cat) Food Nutrient Profiles, or not otherwise provided for in these
Regulations, shall immediately follow the listing of the recognized nutrients
and be accompanied by an asterisk. For any such guarantees, a hairline shall be
centered between the last and the next line of text; the disclaimer “*not
recognized as an essential nutrient by the association of American feed control
officials Dog (or Cat) Food Nutrient Profiles” shall appear immediately after
“†calculated value”.
(f) The
statement of nutritional adequacy shall appear immediately below the bold line
separating it from the disclaimers which follow the guarantees:
(i) a
statement that the dog or cat food meets the requirements of one or more of the
recognized categories of nutritional adequacy: gestation/lactation, growth,
maintenance, and all life stages. It shall be stated verbatim as one of the
following: 1) (Name of product) is formulated to meet the nutritional levels
established by the association of American feed control officials dog (or cat)
food nutrient profiles for [blank]. (Blank is to be completed by using the
stage or stages of the pet’s life, such as gestation/ lactation, growth,
maintenance, or the words “All Life Stages”.) For a dog food, when the blank
includes the words “Growth” or “All Life Stages,” one of the following phrases
must also be added verbatim to the end of the claim: “including growth of large
size dogs (70 lb. or more as an adult)” if the product has been formulated to
meet the levels of nutrients specifically referenced in the Dog Food Nutrient
Profiles as being applicable to large size growing dogs. Or “except for growth
of large size dogs (70 lb. or more as an adult)” if the product has not been
formulated to meet the levels of nutrients specifically referenced in the Dog
Food Nutrient Profiles as being applicable to large size growing dogs; or
2)“Animal feeding tests using association of American feed control officials
procedures substantiate that (Name of Product) provides complete and balanced
nutrition for [blank].” (Blank is to be completed by using the stage or stages
of the pet’s life tested, such as, gestation/lactation, growth, maintenance, or
the words “All Life Stages”); or 3) “(Name of Product) provides complete and
balanced nutrition for [blank] (Blank is to be completed by using the stage or
stages of the pet’s life, such as gestation, lactation, growth, maintenance, or
the words “All Life Stages”) and is comparable in nutritional adequacy to a
product which has been substantiated using association of American feed control officials feeding tests.”
(ii) A
nutritional or dietary statement for purposes other than those listed in
Subsections B or C of 21.18.3.21 NMAC if the statement is scientifically
substantiated; or
(iii) The
statement: “This product is intended for intermittent or supplemental feeding
only,” if a product does not meet the requirements of Subsections of B or C of
21.18.3.21 NMAC or any other special nutritional or dietary need and so is
suitable only for limited or intermittent or supplementary feeding.
B. Specialty
Pet Nutrition Facts shall be displayed in a prominent place on the label of all
specialty pet foods (including treats, food supplements, veterinary diets, and
food mixers), but not necessarily on the principal display panel. The
information shall be set off in a box by use of hairlines and shall be all
black or one-color type, printed on a white or other neutral contrasting
background so as to be clearly visible under the heading “Specialty Pet
Nutrition Facts” that is centered in the top row of the box and twice the size
of all other text in the box. A hairline rule that is centered between the
lines of text shall separate “Specialty Pet Nutrition Facts” from the next line
of text. The box contains the following required elements with all text the
same size and style in the following order:
(1) The
stated whole familiar household unit (e.g., can, measuring cup, treat, or
piece), consistent with the feeding directions, and its weight in grams shall
be right justified. This is set off by a bold line centered between this and
the next line of text.
(2) The
nutrient guarantees shall appear under the headers “Nutrients” that is left
justified to the edge of the box, “Guaranteed” that is right justified to a
vertical hairline that runs from this line of text to the last guaranteed
nutrient values, and “per [familiar household unit]” that is right justified to
the edge of the box. The amount “per [familiar household unit]” for each
nutrient is determined by multiplying the guaranteed amount (concentration) by
the number of grams in the familiar household unit and shall include the
resultant unit of such amount (e.g., grams, milligrams, or international
units). The guarantees shall be listed in the following order with a hairline
centered between each line of text:
(a) A
specialty pet food label shall list the following required guaranteed amounts,
stated as a maximum or minimum, as appropriate:
(i) “Protein”
is minimum percentage of crude protein;
(ii) “Fat”
is minimum percentage of crude fat;
(iii) “Total
Carbohydrate†” is maximum percentage equal to [100 – (Crude Protein + Crude Fat
+ Moisture + Ash)];
(iv) “Dietary
Fiber” is maximum percentage of total dietary fiber. The dietary fiber
guarantee shall be indented to reflect that it is a component of the total
carbohydrate guarantee on the line above; and
(v) “Moisture”
is maximum percentage of moisture;
(vi) additional
required or voluntary guarantees shall follow moisture or ash, if listed.
(b) When
“Ash” is listed, it shall be guaranteed as a maximum percentage and shall
immediately follow moisture.
(c) When
listed on the label of a specialty pet food product, guarantees for “Dietary
Starch” and “Sugars” shall be stated as maximum guaranteed amounts. Neither
guaranteed amount shall be listed without the other. The guaranteed amount for
dietary starch shall follow dietary fiber with the same indentation. The
guaranteed amount for sugars shall follow dietary starch with the same
indentation.
(d) The
“†calculated value” shall appear immediately after the last guarantee below a
bold line.
(e) Other
additional required or voluntary guarantees shall appear in accordance with the
following:
(i) these
guarantees shall follow ash, if also listed, or moisture, if ash is not listed;
(ii) guarantees
for nutrients are in the same order and units of the nutrients in an
association of American feed control officials-recognized nutrient profile for
the intended animal species; however, if no species-specific association of
American feed control officials-recognized nutrient profile is available, the
order and units shall follow the same order and units of nutrients in the
association of American feed control officials cat food nutrient profile;
(iii) for
those specialty pet species with an association of American feed control
officials-recognized nutrient profile for the intended animal species,
guarantees for substances not listed in that profile, or not otherwise provided
for in these Regulations, shall immediately follow the listing of the
recognized nutrients and be accompanied by an asterisk. For any such
guarantees, a hairline shall be centered between the last and the next line of
text. The disclaimer “*not recognized as an essential nutrient by the [blank].”
(Blank is to be completed by listing the specific association of American feed
control officials-recognized nutrient profile) shall appear immediately after
the last such guaranteed amounts. No such disclaimer shall appear unless an
association of American feed control officials-recognized nutrient profile is
available for the specific species of specialty pet.
(f) The
statement of nutritional adequacy shall appear immediately below the bold line
separating it from the guarantees as one of the following:
(i) for
daily foods for those specialty pet species where no recognized nutritional
authority exists, the statement: “This product is intended to be a daily food.”
(ii) for
all other specialty pet foods: 1) A statement substantiating that the specialty
pet food meets the requirements for nutritional adequacy in Subsections B or C
of 21.18.3.21 NMAC by an association of American feed control
officials-recognized nutritional authority. It shall be stated verbatim as the
following: “(Name of product) is formulated to meet the nutritional levels
established by [the association of American feed control officials-recognized
authority] for [blank].” (Blank is to be completed by stating the species and
the stage or stages of the specialty pet’s life.); 2) A nutritional or dietary
claim for purposes other than those listed in Subsections B or C of 21.18.3.21
NMAC if the claim is scientifically substantiated; or 3) the statement: “This
product is intended for intermittent or supplemental feeding only,” if a
product is suitable only for limited or intermittent or supplementary feeding.
C. The
“Pet Nutrition Facts” or “Specialty Pet Nutrition Facts” box of a pet food or a
specialty pet food which is formulated as and represented to be a food
supplement shall include all of the information required in Subsection A of
21.18.3.22 NMAC or Subsection B of 21.18.3.22 NMAC except that guarantees shall
only be displayed on a per feeding unit (e.g., tablets, capsules, granules, or
liquids) basis:
(1) for
a food supplement that is intended to be a source of nutrients, guarantees
shall appear for all nutrients that the product is intended to provide under
the headers “Nutrients” that is left justified to the edge of the box and “per
[feeding unit]” that is right justified to the edge of the box:
(a) for
nutrients with an established requirement by an association of American feed
control officials-recognized nutrient profile, minimum guarantees shall be
declared in the same order and units (i.e., g, mg, or IU) specified in the
association of American feed control officials-recognized nutrient profile for
the intended species; or
(b) when
no species-specific nutrient profile has been recognized by association of
American feed control officials, minimum guarantees shall be declared in the
same order and units (i.e., g, mg, or IU) specified in the association of
American feed control officials cat food nutrient profiles; and
(c) guarantees
for substances not listed in an association of American feed control
officials-recognized nutrient profile for the intended animal species, or not
otherwise provided for in these Regulations, shall immediately follow the
listing of the recognized nutrients and be accompanied by an asterisk.
(i) For
any such guarantees, a hairline shall be centered between the last and the next
line of text;
(ii) the
disclaimer “*not recognized as an essential nutrient by the [blank].” (Blank is
to be completed by listing the specific association of American feed control
officials-recognized nutrient profile) shall appear immediately after the last
such guaranteed amounts. No such disclaimer shall appear unless an association
of American feed control officials-recognized nutrient profile is available for
the specific species of specialty pet.
(2) For
a food supplement that is intended to supply microorganisms and/or enzymes,
guarantees shall be declared as stipulated in Subsection G and/or H of
21.18.3.11 NMAC on a per feeding unit (e.g., tablets, capsules, granules, or
liquids) basis. The enzyme activity unit meaning should follow the disclaimer
within the box.
D. The
sliding scale method of expressing a guaranteed amount on a pet food or
specialty pet food label (for example, “Protein 15–18% Min”) is prohibited.
E. Protein,
fat, calculated total carbohydrate, or dietary fiber are not required when the
pet food or specialty pet food is intended for purposes other than to furnish
these substances or they are of minor significance relative to the primary
purpose of the product, such as a mineral or vitamin supplement.
F. For
small packages with a total printable area of more than 12 square inches and
less than or equal to 40 square inches, all information required in Subsections
A, B, or C of 21.18.3.22 NMAC shall appear, but may appear in a linear format.
This information shall appear in one place without other intervening material.
In the linear format, the required information shall:
(1) appear in the same order as
required by Subsections A, B, or C of 21.18.3.22 NMAC but without the
formatting described;
(2) text
shall be all black or one-color type and all text shall be the same size and
style, except that the heading “Pet Nutrition Facts” or “Specialty Pet
Nutrition Facts” shall be bolded;
(3) the
text shall be sufficiently large so as to be conspicuous and must not be
smaller than 1/16 inch;
(4) the
guaranteed amount shall appear immediately after the amount “per [familiar
household unit]” for each nutrient with the guaranteed amount enclosed in
parentheses and all units clearly identified;
(5) the
following abbreviations may be used: Total Carbohydrate as “Carb†,” Dietary
Fiber as “Fiber”.
G. For
very small packages with a total printable area of less than or equal to 12
square inches, the information required elsewhere in 21.18.3.22 NMAC is not
required to appear on the label. However, all information specified elsewhere
in 21.18.3.22 NMAC for the particular product type shall be determined and
shall be submitted to the department upon request. The following limited
information is required to appear on the label:
(1) this
information shall appear in one place without other intervening material;
(2) text
shall be all black or one-color type and all text shall be the same size and
style, except that the heading “Nutrition Facts” shall be bolded;
(3) the
text shall be sufficiently large so as to be conspicuous and must not be
smaller than 1/16 inch;
(4) for
pet foods, only total calories are required and shall be stated as:
(a) “Cal
(calc): [#]” when the Calorie content is determined in accordance with Paragraph
(1) of Subsection A of 21.18.3.26 NMAC; or
(b) “Cal
(fed): [#]” when the Calorie content is determined in accordance with Paragraph
(2) of Subsection A of 21.18.3.26 NMAC.
(5) Guaranteed
amounts shall be stated in weight per entire contents (e.g., grams per pouch).
The following required guaranteed amounts stated as a maximum or minimum, as
appropriate:
(a) “Protein”
is crude protein;
(b) “Fat”
is crude fat;
(c) “Carb”
is calculated from [100 – (% Crude Protein + % Crude Fat + % Moisture + %
Ash)];
(d) “Fiber”
is total dietary fiber;
(e) “Moisture”
is moisture; and
(f) additional
required or voluntary guarantees shall follow moisture or ash, if listed, and
shall comply with the requirements for such guarantees in Paragraph (3) of
Subsection A of 21.18.3.22 NMAC or Paragraph (2) of Subsection B of 21.18.3.22
NMAC, as appropriate, except that they shall be stated in only in weight per
entire contents.
[21.18.3.22 NMAC - Rp, 21.18.3.22 NMAC, 10/20/2026]
21.18.3.23 Pet Food and Specialty Pet Food Ingredients:
A. Each ingredient of
a pet food or specialty pet food shall be listed in the ingredient statement as
follows:
(1) the names of all
ingredients in the ingredient statement shall be shown in letters or type of
the same size, style, and color, except where the defined name of the
ingredient includes genus and species (e.g., microorganisms) which may be shown
in italics;
(2) the
ingredients shall be listed in descending order by their predominance by weight
in non-quantitative terms, except if the ingredient is a vitamin and/or mineral
premix, the premix may be declared in order of predominance by the name
“vitamins” or “minerals,” as appropriate, followed by a parenthetical listing
of all the vitamins and/or minerals in the premix, each in their order of
predominance by weight as listed on the ingredient statement of the premix
label;
(3) ingredients
shall be listed and identified by the name established in the association of
American feed control officials official Common or Usual Names and Definitions
of Feed Ingredients, except any ingredient for which no association of American
feed control officials ingredient name exists shall be identified by the common
or usual name;
(4) any
ingredient suitable for use in pet food or specialty pet food for which there
is a codified standard of identity in Title 9 or 21 of the Code of Federal
Regulations shall be declared in accordance with the applicable regulation,
which includes the name of the standardized food followed by a parenthetical
listing of its ingredients, if necessary, as provided in the regulation;
(5) the
ingredients “meat,” “poultry,” “poultry by-products,” or “meat by-products”
shall be qualified to designate the animal from which the ingredients are
derived unless the meat or meat by-products are derived from cattle, swine,
sheep, goats, or any combination thereof or the poultry or poultry meal are
derived from chickens, turkeys, ducks, geese, guineas, ratites, or squabs, or
any combination thereof. For example, ingredients derived from deer shall be
listed as “venison” or “venison by-products;”
(6) for
ingredients consisting of fish, “fish meal,” or “fish by-products,” the name of
the ingredient may include “fish” without further specification of the type of
the fish or if it bears a name descriptive of its kind (e.g., “ocean whitefish”
or by using the acceptable market name(s) or common name (but not any
vernacular or slang names) of the individual fish species in the ingredient as
established by the FDA Seafood List), it must correspond thereto; and
(7) for
purposes of ingredient labeling of pet food or specialty pet food, the
ingredient “sugar” shall refer to sucrose, which is obtained from sugar cane or
sugar beets in accordance with the provisions in Title 21 of the Code of
Federal Regulations. For all other labeling purposes outside the ingredient
list, the term “sugar” shall be synonymous with “sugars” as defined in the
Official Feed Terms.
B. Brand
or trade names shall not be used in the ingredient statement.
C. Reference
to quality or grade of an ingredient shall not appear in the ingredient
statement.
D. If
properly used as specified by the USDA National Organic Program (7 CFR
Part 205), the term “organic” does not apply to Subsection C of
21.18.3.23 NMAC.
E. A
reference to the nature, form, or other attribute of an ingredient shall be
allowed in the ingredient statement when that attribute imparts a distinctive
characteristic to the pet food or specialty pet food.
F. Any
reference to the percentage of an ingredient or combination of ingredients, by
symbol or word, in the brand or product name or elsewhere on a pet food
or specialty pet food label, shall be based in relation to the
total weight of all ingredients in the product.
(1) The
names of the ingredient(s) shall appear in order of predominance by weight in
the product, provided that names of flavors due to their varying intensity can
be in any order.
(2) Where
water sufficient for processing is excluded from the declared
percentage, the exclusion of water shall be indicated in words
juxtaposed to, the same style and color print, and at least one-half the print
size of the stated percentage (e.g., “95% beef exclusive of water” or “95
percent chicken and liver exclusive of water”).
[21.18.3.23 NMAC - Rp, 21.18.3.23 NMAC, 10/20/2026]
21.18.3.24 Pet Food and Specialty Pet Food Drugs and
Additives:
A. An artificial
color may be used in a pet food or specialty pet food only if it has been shown
to be harmless to pets or specialty pets. The permanent or provisional listing
of an artificial color in the United States Food and Drug regulations as safe
for use, together with the conditions, limitations, and tolerances, if any,
incorporated therein, shall be deemed to be satisfactory evidence that the
color is, when used pursuant to such regulations, harmless to pets or specialty
pets.
B. Evidence
may be required to prove the safety and efficacy or utility of a pet food or
specialty pet food which contains additives or drugs, when used according to
directions furnished on the label. Satisfactory evidence of the safety and
efficacy of a pet food or specialty pet food may be established:
(1) when
the pet food or specialty pet food contains such additives, the use of which
conforms to the requirements of the applicable regulation in the Code of
Federal Regulations, Title 21, or which are “prior sanctioned” or “informal
review sanctioned” or “Generally Recognized as Safe” for such use; or
(2) when
the pet food or specialty pet food itself is a drug or contains a drug as
defined in 76-19A-2I NMSA 1978 and is “generally recognized as safe and
effective” for the labeled use or is marketed subject to an application
approved by the Food and Drug Administration under Title 21, U.S.C. 360(b).
C. When
a drug is included in a pet food or specialty pet food, the format required by
21.18.3.9 A(2) NMAC for labeling medicated feeds shall be used.
[21.18.3.24 NMAC - Rp, 21.18.3.24 NMAC, 10/20/2026]
21.18.3.25 Pet Food and Specialty Pet Food Feeding
Directions:
A. All pet foods and
specialty pet foods shall bear feeding directions consistent with the purpose
statement on the principal display panel.
B. Dog
or cat food, including treats and food mixers, labeled as complete and balanced
for any or all life stages as provided in Subsection B of 21.18.3.21 NMAC or
Subsection C of 21.18.3.21 NMAC, except those pet foods labeled in accordance
with Subsection D of 21.18.3.21 NMAC, shall list feeding directions on the
product label. These directions shall be expressed in common terms and shall
appear prominently on the label. Feeding directions shall, at a minimum,
include the amount of familiar household unit of product per weight of dog (or
cat). The frequency of feeding shall also be specified.
C. Specialty
pet food, including treats and food mixers, labeled as complete and balanced
for any or all life stages as provided in Subsection B of 21.18.3.21 NMAC or
Subsection C of 21.18.3.21NMAC or as a daily food, shall list feeding
directions on the product label. These feeding directions shall be adequate to
meet the feeding requirements of the intended species of specialty pet. These
directions shall be expressed in common terms and shall appear prominently on
the label. The frequency of feeding shall also be specified.
D. Food supplements
shall list feeding directions on the product label that, at minimum, include
the quantity of feeding unit (e.g., tablets, capsules, granules, or liquids)
per weight of animal. The frequency of feeding shall also be specified.
E. When
a pet food or specialty pet food is intended for use by or under the
supervision or direction of a veterinarian, the statement: “Use only as
directed by your veterinarian” may be used in lieu of feeding directions.
[21.18.3.25 NMAC - Rp, 21.18.3.25 NMAC, 10/20/2026]
21.18.3.26 Determination of Calorie Content for PET
Foods:
A. The
statement shall be determined in terms of metabolizable energy (ME) on an “as
fed” moisture basis by one of the following methods then converted to Calories
(kcal) per the familiar household unit (i.e., can, measuring cup, treat, or
piece):
(1) By
calculation (indicated with a “†”in the Pet Nutrition Facts) using the
following “Modified Atwater” formula: ME (kcal/kg) = 10[(3.5 × CP) + (8.5 × CF)
+ (3.5 × NFE)], where ME = metabolizable energy, 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 average values of these
components in the product as determined by sound scientific methods, such as,
but not limited to scientifically accurate calculations made from the formula
of the product or upon chemical analysis of the product. The NFE is calculated
as the difference between 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); or
(2) in
accordance with testing procedures determined by association of American feed
control officials (indicated as “(fed)” in the Pet Nutrition Facts).
B. An
affidavit shall be provided upon the request of the department substantiating
that the Calorie content was determined by:
(1) Paragraph (1) of Subsection A of 21.18.3.26 NMAC in which case the summary data used in the calculation shall be
included in the affidavit; or
(2) Paragraph (2) of
Subsection A of 21.18.3.26 NMAC in which case the summary data used in the
determination of Calorie content shall accompany the affidavit.
C. The
Calories from protein, fat, and carbohydrate as required in the Pet Nutrition
Facts are determined using the following calculation, then converted to
Calories (kcal) per the familiar household unit (i.e., can, measuring cup,
treat, or piece):
(1) Protein:
ME (kcal/kg) = 10(3.5 × CP), where ME = metabolizable energy, CP = % crude
protein “as fed” and the percentage of CP is the average value in the product
as determined by sound scientific methods, such as, but not limited to
scientifically accurate calculations made from the formula of the product or
upon chemical analysis of the product.
(2) Fat:
ME (kcal/kg) = 10(8.5 × CF), where ME = metabolizable energy, CF = % crude fat
“as fed” and the percentage of CF is the average value in the product as
determined by sound scientific methods, such as, but not limited to
scientifically accurate calculations made from the formula of the product or
upon chemical analysis of the product.
(3) Carbohydrate:
ME (kcal/kg) = 10(3.5 × NFE), where ME = metabolizable energy, NFE is
calculated as the difference between 100 and the sum of CP, CF, and the
percentages of crude fiber, moisture, and ash; CP = % crude protein “as fed,”
CF = % crude fat “as fed” and the percentages are the average values of these
components in the product as determined by sound scientific methods, such as,
but not limited to scientifically accurate calculations made from the formula
of the product or upon chemical analysis of the product.
D. Comparative
claims shall not be false, misleading, or given undue emphasis and shall be
based on the same methodology for the products compared.
[21.18.3.26 NMAC - Rp, 21.18.3.26 NMAC, 10/20/2026]
21.18.3.27 Pet Food and Specialty Pet Food Descriptive
Terms:
A. Calorie
terms
(1) "Light"
(a) A dog food product
which bears on its label the terms "light," "lite,"
"low calorie," or words of similar designation shall:
(i) contain no more
than 3100 kcal ME/kg for products containing less than 20% moisture, no more
than 2500 kcal ME/kg for products containing 20% or more but less than 65%
moisture, and no more than 900 kcal ME/kg for products containing 65% or more
moisture; and
(ii) include on the
label feeding directions which reflect a reduction in calorie intake consistent
with the purpose.
(b) A
cat food product which bears on its label the terms "light,"
"lite," "low calorie," or words of similar designation
shall:
(i) contain
no more than 3250 kcal ME/kg for products containing less than 20% moisture, no
more than 2650 kcal ME/kg for products containing 20% or more but less than 65%
moisture, and no more than 950 kcal ME/kg for products containing 65% or more
moisture; and
(ii) include
on the label feeding directions which reflect a reduction in calorie intake
consistent with the purpose.
(2) "Less"
or "reduced calories"
(a) A
dog or cat food product which bears on its label a claim of "less calories,"
reduced calories," or words of similar designation shall include on the
label:
(i) the
name of the product of comparison and the percentage of calorie reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears; and
(ii) the
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
(iii) feeding
directions which reflect a reduction in calories compared to feeding directions
for the product of comparison.
(b) A
comparison between products in different categories of moisture content (i.e.,
less than 20%, 20% or more but less than 65%, 65% or more) is misleading.
B. Fat
terms
(1) "Lean"
(a) A
dog food product which bears on its label the terms "lean," "low
fat," or words of similar designation shall:
(i) contain
no more than 9% crude fat for products containing less than 20% moisture, no
more than 7% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 4% crude fat for products containing 65% or more
moisture;
(ii) include
on the product label in the guaranteed analysis: 1) A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as specified in Paragraph (3) of
Subsection A of 21.18.3.22; and 2) A maximum crude fat guarantee which is no
more than 9% crude fat for products containing less than 20% moisture, no more
than 7% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 4% crude fat for products containing 65% or more
moisture.
(b) A
cat food product which bears on its label the terms "lean," "low
fat," or words of similar designation shall:
(i) contain
a maximum percentage of crude fat which is no more than 10% crude fat for
products containing less than 20% moisture, no more than 8% crude fat for
products containing 20% or more but less than 65% moisture, and no more than 5%
crude fat for products containing 65% or more moisture; and
(ii) include
on the product label in the guaranteed analysis: 1) A maximum crude fat
guarantee immediately following the minimum crude fat guarantee in addition to
the mandatory guaranteed analysis information as specified in Paragraph (3) of
Subsection A of 21.18.3.22 NMAC; and 2) A maximum crude fat guarantee which is
no more than 10% crude fat for products containing less than 20% moisture, no
more than 8% crude fat for products containing 20% or more but less than 65%
moisture, and no more than 5% crude fat for products containing 65% or more
moisture.
(2) "Less"
or "reduced fat"
(a) A
dog or cat food product which bears on its label a claim of "less fat,"
"reduced fat," or words of similar designation, shall include on the
label:
(i) the
name of the product of comparison and the percentage of fat reduction
(expressed on an equal weight basis) explicitly stated and juxtaposed with the
largest or most prominent use of the claim on each panel of the label on which
the term appears; and
(ii) the
comparative statement printed in type of the same color and style and at least
one-half the type size used in the claim; and
(iii) a
maximum crude fat guarantee in the guaranteed analysis immediately following
the minimum crude fat guarantee in addition to the mandatory guaranteed analysis
information as specified in Paragraph (1) of Subsection A of 21.18.3.21 NMAC.
(b) A
comparison on the label between products in different categories of moisture
content (i.e., less than 20%, 20% or more but less than 65%, 65% or more) is
misleading.
C. Carbohydrate Terms
(1) “Low”
Carbohydrate, Dietary Starch, and Sugars Claims. A claim of “low
carbohydrates,” “low dietary starch,” “low sugars” (or a combination thereof)
is not allowed.
(2) “Less”
or “Reduced” Carbohydrates, Dietary Starch, and Sugars claims.
(a) A
dog or cat food product that bears on its label a claim of “less” or “reduced
[blank]” (blank is to be completed by using “carbohydrates,” “dietary starch,”
or “sugars”), or words of similar designation, shall include on the label:
(i) The
name of the product of comparison and the percentage of reduction in total
dietary starch plus sugars (expressed on an equal weight basis) explicitly
stated and juxtaposed with the largest or most prominent use of the claim on
each panel of the label on which the term appears; and
(ii) the
comparative statement printed in type of the same color and style and not less
than one-half the size used in the claim; and
(iii) maximum
guarantees for dietary starch and sugars as stated in Paragraph (3) of
Subsection A of 21.18.3.22 NMAC.
(b) A
comparison between products in different categories of moisture content (i.e.,
less than 20%, 20% or more but less than 65%, 65% or more) is misleading.
[21.18.3.27 NMAC - Rp, 21.18.3.27 NMAC, 10/20/2026]
21.18.3.28 Pet Food and Specialty Pet Food Manufacturer
or Distributor; Name and Address:
A. The
label of a pet food or specialty pet food shall specify the business or
corporate name and address of the manufacturer or distributor. This information
shall appear under the header “Manufactured for (blank),” “Distributed by
(blank),” or any other wording that expresses the facts, if the business whose
name appears on the label is not the manufacturer. The statement of the place
of business shall include the street address, city, state, and zip code;
however, the street address may be omitted if such street address is shown in a
readily accessible, widely published, and publicly available resource,
including but not limited to a printed directory, electronic database, or
website.
B. When
a person manufactures or distributes a pet food or specialty pet food in a
place other than the principal place of business, the label may state the
principal place of business in lieu of the actual place where each package of
such pet food or specialty pet food was manufactured or packaged or from where
each package is to be distributed.
[21.18.3.28 NMAC - Rp, 21.18.3.28 NMAC, 10/20/2026]
21.18.3.29 Handling and
Storage Instructions:
A. A product which
bears handling and storage instructions shall display such instructions under
the bolded header “Handling and Storage Instructions:” that is separate and
distinct from any feeding directions. A header is not required for small
packages with a total printable area less than 40 square inches. If any
graphics are used to support handling and storage instructions, only the
following graphics may be included, with the handling and storage instructions
section, as applicable. The graphics with color and accompanying text shall be
obtained from the association of American feed control officials website.
B. The handling and
storage instructions, if present, shall be displayed in a conspicuous manner so
to render them likely to be read under typical conditions of use. Any use of
the handling and storage instructions graphics shall be no smaller than:
|
Panel Size |
Minimum Graphic Size (top of circle to bottom of text) |
|
≤40 in.2 |
1/2 in. |
|
>40 –
≤100 in.2 |
1 in. |
|
>100 –
≤400 in.2 |
1 3/4 in. |
|
>400 in.2 |
2 in. |
[21.18.3.29 NMAC - N, 10/20/2026]
21.18.3.30 REGISTRATION EXPIRATION DATE: For the purpose of
Section 76-19A-4A, NMSA 1978, all registrations shall expire annually on
December 31.
[21.18.3.30 NMAC - Rp, 21.18.3.29 NMAC, 10/20/2026]
21.18.3.31 INSPECTION
FEES:
A. An inspection fee
of twenty cents ($0.25) per ton is hereby established to be effective on all
commercial feeds sold; except that feed for which the department has not
developed an inspection service at this time.
B. An
inspection fee of twenty-five dollars ($25.00) is hereby established for each
brand of commercial feed distributed in individual packages of ten (10) pounds
or less sold in New Mexico.
[21.18.3.31 NMAC - Rp, 21.18.3.30 NMAC, 10/20/2026]
21.18.3.32 Spay
and Neuter Program Fee:
A. Additional
Fees.
In addition to the commercial feed registration fee, an additional
annual spay and neuter program fee of one hundred dollars ($100.00) shall be
collected on each pet food registered with the department.
B. Exemptions
(1) A
pet food manufacturer shall be exempt of the spay and neuter program fees upon submission of a notarized affidavit
attesting that tax-year annual gross revenue from the distribution of pet food
is no more than three million dollars.
The spay and neuter program fee exemption affidavit shall be submitted
to the department on a form furnished by the department.
(2) A
pet food manufacturer shall be exempt of the spay and neuter program fees for a specific product upon submission of a notarized
affidavit attesting that the specific product meets the definition of
prescription diet. The spay and neuter program
fee exemption affidavit shall be submitted to the department on a form
furnished by the department.
C. Distribution,
ninety-six percent of this additional fee collected shall be deposited with the
state treasurer to credit the statewide spay and neuter subaccount of the
animal care and facility fund. Four percent of this additional fee collected
shall be distributed to the department to administer New
Mexico Commercial Feed Act.
[21.18.3.32 NMAC - Rp, 21.18.3.31 NMAC, 10/20/2026]
HISTORY OF 21.18.3
NMAC:
Pre-NMAC History:
The material in this part was derived from that previously filed with
the State Records Center and Archives under:
NMDA Rule 73-2,
Regulatory Order No. 4, Feed Regulations, filed 5/15/1973.
NMDA Rule 73-3,
Regulatory Order No. 5, Commercial Feed Regulations, filed 5/15/1973.
NMDA Rule 73-3,
Amendment No. 1, Regulatory Order No. 8, Commercial Feed Exemptions, filed 7/1/1976.
NMDA Rule 73-10,
Regulatory Order No. 6, filed 11/27/1973.
NMDA Rule 76-5,
Regulatory Order No. 7, Feed Inspection Fees, filed 9/28/1976.
NMDA Rule 84-2,
Additional Requirements for Liquid Feed Labeling, filed 10/23/1984.
History of Repealed Material:
21.18.3 NMAC - Commercial Feeds, filed 05/12/2009 - Duration expired
effective 9/30/2013.
21.18.3 NMAC -
Commercial Feeds, filed 9/30/2013 was repealed and replaced by 21.18.3 NMAC –
Commercial Feeds, effective October, 20, 2026.