ATCP 42.52(2)(a)
(a) The feed bears or contains any poisonous or deleterious substance which may make it injurious to health. If the substance is not an added substance, the feed is not considered adulterated under this paragraph if the quantity of the substance does not ordinarily make the feed injurious to the health of the animal for which it is intended.
ATCP 42.52(2)(b)
(b) The feed contains any added poisonous, deleterious, or non-nutritive substance which is unsafe within the meaning of
21 USC 346. This paragraph does not apply to either of the following:
ATCP 42.52(2)(b)1.
1. A pesticide used according to label directions on a raw agricultural commodity contained in the feed.
ATCP 42.52(2)(c)
(c) A raw agricultural commodity in the feed contains the residue of a pesticide that is unsafe within the meaning of
21 USC 346a, unless all of the following apply:
ATCP 42.52(2)(c)1.
1. The pesticide chemical was applied to the raw agricultural commodity according to an exemption or tolerance under
21 USC 346a.
ATCP 42.52(2)(c)2.
2. The raw agricultural commodity has been processed by canning, cooking, freezing, dehydrating, milling, or other processing procedures.
ATCP 42.52(2)(c)3.
3. The pesticide residue has been removed from the raw agricultural commodity to the greatest extent possible with good manufacturing practices.
ATCP 42.52(2)(c)4.
4. The pesticide residue concentration in the feed does not exceed the tolerance prescribed for that pesticide in the raw agricultural commodity.
ATCP 42.52(2)(d)
(d) The feed, if fed to an animal, will likely cause the edible product of that animal to contain a pesticide residue which is unsafe within the meaning of
21 USC 346a(a).
ATCP 42.52(2)(h)
(h) A drug, special purpose additive, or non-nutritive additive is added to the feed in violation of s.
ATCP 42.50.
ATCP 42.52(2)(i)
(i) A valuable constituent of the feed is wholly or partly omitted or removed from the feed, or is wholly or partly replaced by a less valuable constituent.
ATCP 42.52(2)(j)
(j) The composition or quality of the feed falls below or differs from that represented on the feed labeling.
ATCP 42.52(2)(k)
(k) The feed is a medicated commercial feed or a dog or cat food manufactured in violation of good manufacturing requirements under s.
ATCP 42.46.
ATCP 42.52(2)(L)
(L) The feed contains germitive noxious weed seeds in an amount greater than either of the following, unless the presence and guaranteed maximum amount of those germitive noxious weed seeds is clearly stated on the feed label:
ATCP 42.52(2)(L)1.
1. An amount which is unavoidably present, notwithstanding the use of best commercial feed manufacturing practices.
ATCP 42.52(2)(m)
(m) The feed contains any germitive weed seeds, other than wild buckwheat seeds, in an amount greater than either of the following, unless the presence and guaranteed maximum amount of those germitive weed seeds is clearly stated on the feed label:
ATCP 42.52(2)(m)1.
1. An amount which is unavoidably present, notwithstanding the use of best commercial feed manufacturing practices.
ATCP 42.52(2)(n)
(n) The feed is a mineral supplement or additive, intended for any of the following classes of animals, which contains fluorine in excess of any of the following amounts:
ATCP 42.52(2)(o)
(o) The feed, when used in normal feeding according to label directions, raises the fluorine content of the total ration, excluding roughage, above the following amounts for the following classes of animals:
ATCP 42.52(2)(p)
(p) The feed, when fed directly to cattle, sheep, or goats consuming roughage with or without limited amounts of grain, results in a daily fluorine intake of more than 50 milligrams of fluorine per 100 pounds of body weight.
ATCP 42.52(2)(q)
(q) The feed contains soybean or vegetable meal, flakes, or pellets extracted with trichlorethylene or other chlorinated solvents.
ATCP 42.52(2)(r)
(r) Sulfur dioxide, sulfurous acid, or salts of sulfurous acid are used in manufacturing a feed which is represented as a significant source of vitamin B
1 (Thiamine).
ATCP 42.52(2)(s)
(s) The feed contains an organic ingredient, such as humus, peat, sphagnum moss, or sawdust, that has little or no feeding value.
ATCP 42.52(2)(t)
(t) The feed is manufactured, packaged, or held under unsanitary conditions which may contaminate it with filth or make it injurious to health.
ATCP 42.52(3)
(3)
Misbranding; what constitutes. A feed is misbranded if any of the following applies:
ATCP 42.52(3)(a)
(a) The feed labeling is false, deceptive, or misleading in any particular.
ATCP 42.52(3)(b)
(b) The feed is sold or distributed under the name of another feed.
ATCP 42.52 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97;
CR 14-047: am. (2) (b), (c) (intro.), 1., (d) to (g), (o) (intro.)
Register May 2015 No. 713, eff. 6-1-15.
ATCP 42.54(1)(1)
Use of non-protein nitrogen ingredients. No non-protein nitrogen ingredient, such as urea, di-ammonium phosphate, ammonium poly-phosphate solution, or ammoniated rice hulls, may be used as a source of equivalent crude protein in a commercial feed intended for non-ruminant animals. This subsection does not prohibit the use of non-protein nitrogen ingredients for other nutrient purposes in a commercial feed intended for non-ruminant animals, provided that all of the following apply:
ATCP 42.54(1)(a)
(a) The non-protein nitrogen ingredients are identified in the 2018
Official Publication of the Association of American Feed Control Officials.
ATCP 42.54 Note
Note: Copies of the
Official Publication of the Association of American Feed Control Officials are on file with the department and the legislative reference bureau. Paper or electronic copies may be obtained from AAFCO at
www.aafco.org.
ATCP 42.54(1)(b)
(b) The equivalent crude protein incidentally provided by all of the non-protein nitrogen ingredients does not exceed 1.25% by weight of the commercial feed.
ATCP 42.54(1)(c)
(c) The crude protein guarantee for the commercial feed is stated in the following form:
“Crude protein, minimum, __% (This includes not more than __% equivalent crude protein which is not nutritionally available to [species of animal for which feed is intended])."
ATCP 42.54(2)(a)(a) If a commercial feed for ruminants contains more than 5% protein from natural sources, but also contains added non-protein nitrogen, its guaranteed analysis shall include the following guarantee:
“Crude protein, minimum,__% (This includes not more than __% equivalent crude protein from non-protein nitrogen)."
ATCP 42.54(2)(b)
(b) If a commercial feed for ruminants contains added non-protein nitrogen and not more than 5% protein from natural sources, its guaranteed analysis shall include the following guarantee:
“Equivalent crude protein from non-protein nitrogen, minimum, __%".
ATCP 42.54(2)(c)
(c) If a non-protein nitrogen ingredient is sold as a source of equivalent crude protein for use in manufacturing commercial feed for ruminants, the guaranteed analysis for that feed ingredient shall include the following guarantee:
“Nitrogen, minimum, __%, percentage of equivalent crude protein from non-protein nitrogen, minimum, __%".
ATCP 42.54(3)(a)
(a) If a commercial feed for ruminants contains more than 8.75% equivalent crude protein from non-protein nitrogen, or more than one-third of its total equivalent crude protein from non-protein nitrogen, it shall be prominently labeled with use directions and precautionary statements to ensure the safe and effective use of that commercial feed as a source of equivalent crude protein. The use directions and precautionary statements shall be introduced by the following prominent statement or its equivalent:
“
CAUTION: USE AS DIRECTED."
ATCP 42.54(3)(b)
(b) A commercial feed ingredient containing more than 1.25 percent equivalent crude protein from non-protein nitrogen sources, if sold for use in manufacturing commercial feed for non-ruminant animals, shall be prominently labeled with use directions and precautionary statements to prevent violations of sub.
(1). The use directions and precautionary statements shall be introduced by the following prominent statement or its equivalent:
“WARNING: THIS FEED MUST BE USED ACCORDING TO LABEL DIRECTIONS."
ATCP 42.54(3)(c)
(c) Use directions and precautionary statements required under par.
(a) or
(b) may be incorporated in any use directions and precautionary statements required under s.
ATCP 42.22.
ATCP 42.54 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97; am. (1) (a),
Register, June, 1999, No. 522, eff. 7-1-99;
CR 04-005: am. (1) (a)
Register October 2004 No. 586, eff. 11-1-04;
CR 06-028: am. (1) (a)
Register November 2006 No. 611, eff. 12-1-06;
CR 14-047: am. (1) (a)
Register May 2015 No. 713, eff. 6-1-15;
CR 16-012: am. (1) (a)
Register August 2016 No. 728, eff. 9-1-16;
CR 18-019: am. (1) (a) Register January 2020 No. 769, eff. 2-1-20.
ATCP 42.56(1)(1)
Formal enforcement. Violations of this chapter may subject the violator to any of the following enforcement actions:
ATCP 42.56(1)(b)
(b) The denial, suspension, or revocation of a commercial feed license under s.
93.06 (7), Stats., or the imposition of license conditions under s.
93.06 (8), Stats.
ATCP 42.56(1)(c)
(c) Criminal sanctions or court orders under s.
94.72 (14), Stats. Before referring any alleged labeling violation for court prosecution under s.
94.72 (14), Stats., the department shall give the alleged violator notice and an opportunity for an informal hearing on the alleged violation, as required under s.
94.72 (11), Stats. The department, in its notice to the alleged violator, may specify deadlines for requesting and holding an informal hearing. Section
94.72 (11), Stats., does not require the department to hold a contested case hearing under ch.
227, Stats., and ch.
ATCP 1 before referring an alleged labeling violation for court prosecution.
ATCP 42.56 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97;
CR 14-047: am. (1) (a)
Register May 2015 No. 713, eff. 6-1-15.
