LAC 7:XVII.139. Deficiency Assessments and Penalties for Pet Food

A. For the purpose of assessing penalties for protein deficiencies in pet foods, as provided for in R.S. 3:1400(A)(1), the value of crude protein will be updated each quarter. B. The value of crude protein in pet food will be calculated as follows. 1. The quarterly average price of four feedstuff protein sources shall be used. These are 46.5-48 percent soybean meal, 41 percent cottonseed meal, 60 percent corn gluten meal, and 46-50 percent meat and bone meal from ruminant and porcine sources. The average price will be determined using the Monthly National Grain and Oilseed Processor Feedstuff Report and the Monthly National Animal By-Product Feedstuff Report, published by the United States Department of Agriculture, Agriculture Market Service, AMS Livestock, Poultry and Grain Market News. The average value for each month of the preceding quarter will be used for calculation purposes. C. For all other guarantees, a deficiency assessment of ten percent of the retail purchase price of the pet food if the deficiency or excess, where applicable, is greater than ten percent of the guarantee. D. Penalties shall be assessed as provided for in R.S. 3:1400. If an official sample shows that pet food ingredients bought by a pet food manufacturer is deficient, any penalties from this deficiency shall be paid by the supplier of the ingredients to the manufacturer that bought the ingredients.