WAC 16-252-080   Substantiating nutritional suitability.  (1) All pet food and specialty pet food must be nutritionally suitable for the purpose represented by their labeling.

     (2) If the department has reasonable cause to believe a pet food or specialty pet food is not nutritionally suitable, the department may require that the manufacturer either submit an "affidavit of suitability" or a department approved alternative procedure, certifying that the food is nutritionally adequate for its intended purpose. The affidavit of suitability or alternate procedure substantiates the food's suitability but does not preclude the department from requiring additional evidence of nutritional suitability.

     (3) If an affidavit of suitability, or department approved alternative procedure, is not submitted by the pet food or specialty pet food manufacturer within thirty days of written notification, the department may declare that the pet food or specialty pet food composition or quality is less than or differs from what is represented by its labeling (see RCW 15.53.902(8)) and order the pet food or specialty pet food removed from the marketplace.

     (4) An affidavit of suitability must contain the following information:

     (a) The pet food or specialty pet food registrant's name;

     (b) The product name;

     (c) The name and title of the affiant submitting the document;

     (d) A statement from the affiant that they know the nutritional content of the pet food or specialty pet food and that the pet food or specialty pet food, based on valid scientific evidence, is nutritionally adequate for its intended purpose;

     (e) The date the affidavit of suitability is submitted to the department; and

     (f) The signature of the affiant notarized by a certified notary public.

     (5) For dog food, a claim of nutritional adequacy must be based on one of the following:

     (a) The AAFCO dog food nutrient profiles;

     (b) One of the AAFCO dog food feeding protocols; or

     (c) Other scientific substantiation acceptable to the department.

     (6) For cat food, a claim of nutritional adequacy must be based on one of the following:

     (a) The AAFCO cat food nutrient profiles; or

     (b) One of the AAFCO cat food feeding protocols;

     (c) Other scientific substantiation acceptable to the department.

     (7) A specialty pet food nutritional adequacy claim must be based on:

     (a) The corresponding species nutrient requirements as published in the 1995 National Research Council Nutrient Requirements of Laboratory Animals, by the National Academy of Sciences; or

     (b) Other scientific substantiation acceptable to the department.

Note:	• The only species included in the 1995 National Research Council Nutrient Requirements of Laboratory Animals are gerbils, guinea pigs, hamsters, mice, and rats. All other specialty pet species will require other methods of scientific substantiation for claims of nutritional adequacy.
	• A copy of Nutrient Requirements of Laboratory Animals is on file with the department. Copies may be purchased from Office of Publications, National Academy of Sciences, 2101 Constitution Avenue, N.W., Washington, D.C. 20418.

     (8) Example of affidavit:

Affidavit of Suitability
(Company Name)			(Product Name Code Number)
1. Affiant is the		of
	(Title)		(Name of Company)
and is duly authorized to make and execute this Affidavit for and on behalf of said company.
2. Affiant has knowledge of the nutritional content of the above listed feed product and is familiar with the nutritional requirements for the animal species and animal class(es) for which the feed product is intended.
3. Affiant has knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class for which this feed is intended. A copy of the product label is attached to this affidavit.
		By
(Name of Company)			(Name and Title)
Subscribed and sworn to before me
this day of , 20
(Notary Public)

[Statutory Authority: Chapters 15.53 and 34.05 RCW. 03-23-129, § 16-252-080, filed 11/19/03, effective 7/1/04.]