Statement of calorie content.
Product or brand names; use of ingredient names.
Subchapter VI — General Provisions
Good manufacturing practices.
Drugs and other additives.
Adulteration and misbranding.
Ch. ATCP 42 Note
Chapter Ag 18 was renumbered chapter ATCP 42 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1993, No. 448
. Chapter ATCP 42 as it existed on September 30, 1997 was repealed and a new chapter ATCP 42 was created effective October 1, 1997.
In this chapter:
"Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or labeler and distinguishing it from that of others.
"Commercial feed" means any feed, including any custom-mixed or mill formulated feed, that is sold or bartered, or offered for sale or barter, but does not include any of the following:
Unmixed whole seeds or grains identified in United States grain standards.
Unmixed ground corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo, or other unmixed ground seeds or grain.
Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.
Meat and other portions of animal carcasses in their raw or natural state without further processing except freezing or denaturing.
"Custom-mixed feed" means a commercial feed, other than a mill-formulated feed, which a manufacturer prepares at the request of a final retail purchaser who does either of the following:
Provides one or more ingredients comprising a significant portion of the commercial feed.
Specifies the formula for the commercial feed. This paragraph does not apply if the purchaser obtains the formula from the feed manufacturer or labeler, but does apply if the purchaser obtains the formula from any of the following:
"Distribute" means to sell, offer to sell, exchange, barter or solicit orders for the sale of a feed product or otherwise supply or furnish a feed product to purchasers of the feed product in this state, whether or not the sales or transactions are made wholly or partially in this state or another state.
"Distributor" means any person who distributes a feed product for sale or distribution in this state.
"Dog or cat food" means a commercial feed intended for dogs or cats.
Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans.
Any substance, other than a nutritive component, that is intended to affect the structure or any function of the animal body.
"Feed" means any substance which is intended for use as food for animals other than humans. "Feed" includes commercial feed and feed ingredients.
"Feed ingredient" means a constituent material, used in the manufacture of a commercial feed, that becomes part of the commercial feed.
"Label" means the written, printed, or graphic matter on or attached to the container in which a commercial feed is distributed, or the invoice or delivery slip for the commercial feed.
"Labeler" means a person who labels commercial feed. "Labeler" includes a person, other than the final retail purchaser, who retains the proprietary rights to the specifications of a commercial feed.
"Labeling" means all labels and any other written, printed or graphic matter referencing a commercial feed.
"Manufacture" means to mix, blend, process, package or label commercial feed.
"Mill formulated feed" means a commercial feed consisting of a mixture of commercial feeds or feed ingredients mixed on an individual basis by the feed manufacturer or labeler according to a feed formula devised and prepared by the manufacturer or labeler for a final retail customer of the manufacturer or labeler.
"Noxious weed seeds" mean the seeds of Canada thistle, wild mustard and quack grass, either single or combined.
"Person" means an individual, corporation, partnership, limited liability company, cooperative, business trust, or business association or entity.
"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.
"Product name" means the name of a commercial feed which identifies it as to kind, class, or specific use.
ATCP 42.01 History
Cr. Register, September, 1996, No. 489
, eff. 10-1-97; r. and recr. (3), Register, February, 1998, No. 506
, eff. 3-1-98.
Except as provided under sub. (2)
, no person may manufacture, label or distribute a commercial feed in this state without an annual commercial feed license issued by the department. A person paid by the final retail purchaser of a mill-formulated feed to provide specifications for that feed is engaged in manufacturing, labeling or distributing a commercial feed within the meaning of this subsection.
A person may do any of the following without a license under sub. (1)
Distribute packaged commercial feed in the original package in which that feed was packaged and labeled by a licensed manufacturer or distributor whose name and address appears on the package label.
Distribute bulk commercial feed which is all of the following:
Distributed in the same form, but not necessarily in the same quantities, in which it is received from a licensed manufacturer or distributor.
Labeled with information which, with the possible exception of the net quantity declaration, is identical to that provided by the licensed manufacturer or distributor from whom the bulk commercial feed is received.
Manufacture or distribute a custom-mixed feed, provided that the manufacturer of that custom-mixed feed does all of the following:
Distributes that custom-mixed feed only to the retail purchaser for whom the feed was custom-mixed.
Obtains all commercial feeds used as ingredients in that custom-mixed feed only from licensed manufacturers or distributors.
Possesses a contract, invoice or sales receipt from the supplier of each commercial feed ingredient used in the custom-mixed feed, showing that the supplier has paid or will pay all inspection fees required under s. 94.72 (6)
, Stats., for that commercial feed ingredient.
Manufacture or distribute commercial feed as an authorized employee of a person, licensed under sub. (1)
, whose name and address appear on the feed label.
Manufacture and distribute minimally processed carcasses and carcass materials for consumption by animals other than food animals as defined in s. ATCP 57.01 (14)
if the person is licensed as an animal food processor under s. ATCP 57.12
. Minimal processing includes removal of hides or feathers, cutting, grinding, denaturing, freezing and packaging. Minimal processing does not include heat treating, rendering, or mixing with other ingredients such as vitamins or minerals.
(3) License application.
A person applying for an annual license under sub. (1)
shall submit an application on a form provided by the department. The application shall include all of the following:
The address of each business location in this state at which the applicant engages in activities for which a license is required under sub. (1)
The inspection fees and feed tonnage report required under s. 94.72 (6)
, Stats. A feed manufacturer is not required to pay inspection fees on either of the following:
Grain used in a mill formulated feed if that grain is owned and provided by the final retail purchaser of that feed.
(4) License fees.
A person required to be licensed under sub. (1)
shall annually pay all of the following license fees:
A supplementary license fee of $25 for each business location under sub. (3) (b)
, except that no supplementary license fee is required for either of the following:
A business location which is the applicant's sole business location in this state.
A business location at which the applicant engages only in manufacturing or distributing custom-mixed feed to retail purchasers.
(5) License expires.
A license under sub. (1)
expires on the last day of February of each year.
(6) Fees are nonrefundable.
License fees under sub. (4)
and inspection fees under s. 94.72 (6)
, Stats., are nonrefundable, and may not be prorated for any part of a license year.
(7) License not transferable.
A license under sub. (1)
is not transferable between persons or business locations. Before a license holder engages in any activity for which a license is required under sub. (1)
at any business location which the license holder has failed to identify under sub. (3) (b)
, the license holder shall identify that business location to the department and shall pay any supplementary license fee required for that location under sub. (4) (b)
ATCP 42.02 Note
Note: You may obtain a commercial feed license application by writing The Wisconsin Department of Agriculture, Trade and Consumer Protection, Feed Section at P.O. Box 8911, Madison, WI 53708-8911.
ATCP 42.02 History
Cr. Register, September, 1996, No. 489
, eff. 10-1-97; CR 07-116
: cr. (2) (e) Register November 2008 No. 635
, eff. 12-1-08.
Commercial feed shall be labeled according to this subchapter except that:
Mill formulated feed may be labeled in the same manner as custom-mixed feed under subch. IV
unless the purchaser requests labeling under this subchapter. If a manufacturer labels mill formulated feed according to subch. IV
, the manufacturer shall keep the same records which a manufacturer of custom-mixed feed is required to keep under s. ATCP 42.24 (2)
(2) Label contents.
Except as provided under sub. (1) (a)
, commercial feed shall be labeled with all of the following information in the following order: