ATCP 42.40(2)
(2) The statement appears under the heading
“Calorie Content."
ATCP 42.40(3)
(3) The statement reflects metabolizable energy, expressed as “kilocalories per kilogram" of dog or cat food. The amount of metabolizable energy may also be expressed in kilocalories per unit of weight or measure used in the declaration of net quantity under s.
ATCP 42.28 (1) (h) or the feeding instructions under s.
ATCP 42.38.
ATCP 42.40(4)
(4) The calorie content is determined by one of the following methods:
ATCP 42.40(4)(a)
(a) By calculation using the modified Atwater formula, ME(kcal/kg) = 10[(3.5 x CP) + (8.5 x CF) + (3.5 x NFE)], where CP = % crude protein as fed, CF = % crude fat as fed, NFE = % nitrogen-free extract (carbohydrate) as fed, the percentages of CP and CF are the arithmetic averages obtained from proximate analyses of at least four production batches of the dog or cat food, and NFE is 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).
ATCP 42.40(4)(b)
(b) By a testing procedure published in the 2018 O
fficial Publication of the Association of American Feed Control Officials.
ATCP 42.40 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 42.40 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97; am. (4) (b),
Register, June, 1999, No. 522, eff. 7-1-99;
CR 04-005: am. (4) (b)
Register October 2004 No. 586, eff. 11-1-04;
CR 06-028: am. (4) (b)
Register November 2006 No. 611, eff. 12-1-06;
CR 14-047: am. (4) (b)
Register May 2015 No. 713, eff. 6-1-15;
CR 16-012: r. and recr. (4) (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (4) (b) Register January 2020 No. 769, eff. 2-1-20.
ATCP 42.42
ATCP 42.42
Product or brand names; use of ingredient names. No product or brand name may identify any ingredients of a dog or cat food to the exclusion of any other ingredients unless at least one the following applies:
ATCP 42.42(1)
(1) The identified ingredients are derived from animals and collectively comprise both of the following:
ATCP 42.42(1)(a)
(a) At least 95% by weight of the dog or cat food, where water sufficient for processing is excluded from the weight of the dog or cat food.
ATCP 42.42(1)(b)
(b) At least 70% by weight of the dog or cat food, where the weight of the dog or cat food includes all water in the dog or cat food.
ATCP 42.42(2)(a)
(a) The identified ingredients collectively comprise at least 25% by weight of the dog or cat food, where water sufficient for processing is excluded from the weight of the dog or cat food.
ATCP 42.42(2)(b)
(b) The identified ingredients collectively comprise at least 10% by weight of the dog or cat food, where the weight of the dog or cat food includes all water in the dog or cat food.
ATCP 42.42(2)(c)
(c) Each of the identified ingredients comprises at least 3% by weight of the dog or cat food, where water sufficient for processing is excluded from the total weight of the dog or cat food.
ATCP 42.42(2)(d)
(d) The identified ingredients are identified in their order of predominance.
ATCP 42.42(2)(e)
(e) The product or brand name includes a term, such as “dinner," which suggests multiple ingredients.
ATCP 42.42(3)
(3) The ingredient is added to the dog or cat food, at significant additional cost, in order to impart a distinctive flavor or special nutritional value to the dog or cat food.
ATCP 42.42 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97.
ATCP 42.44
ATCP 42.44
Prohibited labeling. No labeling for dog or cat food may do any of the following, either directly or by implication:
ATCP 42.44(1)
(1) Make any statement or representation, including any pictorial or graphic representation, which is false, deceptive, or misleading.
ATCP 42.44(2)
(2) Misrepresent that a dog or cat food is suitable for a specified use.
ATCP 42.44(3)
(3) Fail to disclose, in connection with any health or nutritional claim for dog or cat food, pertinent qualifications or limitations on that claim.
ATCP 42.44(4)
(4) Make any health or nutritional claim for dog or cat food unless the manufacturer has reasonable scientific evidence to support that claim at the time the claim is made.
ATCP 42.44(5)
(5) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:
ATCP 42.44(5)(b)
(b) The claim clearly identifies the life stage of dogs or cats for which it is true.
ATCP 42.44(6)
(6) Claim that the dog or cat food provides a complete, perfect, balanced or nutritionally adequate ration for dogs or cats unless one of the following applies:
ATCP 42.44(6)(a)
(a) The dog or cat food, when fed in recommended amounts, meets all nutrient requirements established in applicable pet nutrient profiles specified in the 2018
Official Publication of the Association of American Feed Control Officials.
ATCP 42.44(6)(b)
(b) The dog or cat food is adequate as a sole source of nourishment for dogs or cats when fed according to label directions and according to feeding protocols for dogs and cats specified in the 2018 O
fficial Publication of the Association of American Feed Control Officials.
ATCP 42.44(6)(c)
(c) The manufacturer possesses valid scientific evidence, equivalent to that specified under par.
(a) or
(b), which substantiates the label claim.
ATCP 42.44 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 42.44(7)
(7) Misrepresent that an identified ingredient is present to the exclusion of any other ingredient.
ATCP 42.44(8)
(8) Misrepresent the amount of any ingredient in a dog or cat food.
ATCP 42.44(9)
(9) Use the term “with [ingredient]," or any similar term which calls attention to a specific ingredient unless that ingredient constitutes at least 3 percent by weight of the dog or cat food, exclusive of water sufficient for processing.
ATCP 42.44(11)
(11) Misrepresent that a dog or cat food contains only one ingredient. A claim does not violate this subsection if, in addition to the single claimed ingredient, the dog or cat food contains only water sufficient for processing, required denaturing agents, or trace amounts of preservatives and condiments.
ATCP 42.44(12)
(12) Claim that the dog or cat food is flavored unless the flavor is detectable by a recognized test method or is proven to be readily distinguishable by a dog or cat. A flavor claim shall identify the source of the flavor, unless the source is an ingredient listed under s.
ATCP 42.32 which has the same name as the flavor.
ATCP 42.44(13)
(13) Use the term “meat" or “meat by-products" to designate meat or meat by-products from animals other than cattle, swine, sheep, or goats, unless the term is qualified to identify those animals.
ATCP 42.44(14)
(14) Claim that a dog or cat food is “new" or “improved" if the formula for that dog or cat food has not changed significantly for more than 6 months.
ATCP 42.44(15)
(15) Make any specific comparison claim, including any claim that a dog or cat food is preferred by dogs or cats, unless the claim is substantiated by reasonable evidence acquired within one year prior to the date on which the claim is made.
ATCP 42.44 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97; am. (6) (a),
Register, June, 1999, No. 522, eff. 7-1-99;
CR 04-005: am. (6) (a)
Register October 2004 No. 586, eff. 11-1-04;
CR 06-028: am. (6) (a)
Register November 2006 No. 611, eff. 12-1-06;
CR 14-047: am. (6) (a), (b)
Register May 2015 No. 713, eff. 6-1-15;
CR 16-012: am. (6) (a), (b)
Register August 2016 No. 728, eff. 9-1-16;
CR 18-019: am. (6) (a), (b) Register January 2020 No. 769, eff. 2-1-20. ATCP 42.46
ATCP 42.46
Good manufacturing practices. ATCP 42.46(1)(1)
General. Medicated commercial feed, and dog and cat food shall be manufactured, processed, packaged, stored, and distributed in a manner which prevents adulteration and misbranding.
ATCP 42.46(2)
(2)
Buildings. Buildings and facilities used in manufacturing medicated commercial feed or dog or cat food shall be all of the following:
ATCP 42.46(2)(c)
(c) Constructed to allow convenient access for routine cleaning and maintenance.
ATCP 42.46(3)
(3)
Equipment. Equipment used to manufacture medicated commercial feed or dog or cat food shall be all of the following:
ATCP 42.46(3)(a)
(a) Adequate for the purpose used. Scales and measuring devices shall be accurate.
ATCP 42.46(3)(b)
(b) Designed, constructed and installed to facilitate routine cleaning, inspection and maintenance.
ATCP 42.46(4)
(4)
Cross-utilization. Areas and equipment used to manufacture, handle, or store medicated commercial feeds, dog food, or cat food may not be used to manufacture, handle, or store fertilizers or pesticides, unless the fertilizers or pesticides are approved for use in the manufacture of the medicated commercial feeds, dog food, or cat food.
ATCP 42.46(6)(a)
(a) The operator of a medicated feed manufacturing facility shall establish and maintain procedures for identifying, storing, and controlling inventories of Type A medicated articles and Type B medicated feeds used in manufacturing medicated feeds. The procedures shall preserve the identity, strength, quality and purity of the drug sources.
ATCP 42.46(6)(b)
(b) Packaged Type A medicated articles and Type B medicated feeds shall be stored in designated areas in their original closed containers. Bulk Type A medicated articles and bulk Type B medicated feeds shall be identified and stored in a manner which preserves their identity, strength, quality, and purity.
ATCP 42.46(6)(c)
(c) Type A medicated articles and Type B medicated feeds shall be used according to label directions.
ATCP 42.46(7)
(7)
Ingredient labeling. All packaged and bulk ingredients received or held for use in the manufacture of medicated commercial feed or dog or cat food shall be accurately labeled to facilitate proper use.
ATCP 42.46(8)
(8)
Records. A manufacturer of medicated commercial feed or dog or cat food shall keep records of all manufactured products, including product formulas, manufacturing dates, batch numbers, and shipment dates. The records shall be adequate to facilitate the recall of specific batches of medicated commercial feed or dog or cat food, should that become necessary. Records for each batch of manufactured product shall be retained for at least one year after the last product from that batch has been distributed.
ATCP 42.46 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97;
CR14-047: am. (3) (c)
Register May 2015 No. 713, eff. 6-1-15.
ATCP 42.48(1)(1)
General. Except as provided under sub.
(3), the nutritional content of a commercial feed shall be suitable for the intended use of that feed when the feed is used according to label directions.
ATCP 42.48(2)
(2)
Nutritional standards. Except as provided under sub.
(3), no person may manufacture or distribute a commercial feed intended for dairy cattle, equine, sheep, goats, ducks, geese, rabbits, mink, foxes, swine, poultry, fish, veal calves, or herd replacement calves unless one of the following applies:
ATCP 42.48(2)(a)
(a) The commercial feed complies with applicable nutritional standards published by the national research council, national academy of sciences contained in one of the following:
ATCP 42.48(2)(a)5.
5. Nutrient Requirements of Small Ruminants: Sheep, Goats, Cervids, and New World Camelids (2007).
ATCP 42.48(2)(a)9.
9. Nutrient Requirements of Mink and Foxes (2nd revised edition, 1982).
ATCP 42.48 Note
Note: Copies of the nutritional standards listed in par. (a) are on file with the department and the legislative reference bureau. Copies may also be obtained from the National Academies Press, 500 Fifth St N.W., Washington, D.C. 20001, telephone 800-624-6242, e-mail:
customer_service@nap.edu or at the website
http://www.nap.edu.
ATCP 42.48(2)(b)
(b) The manufacturer of the commercial feed possesses valid scientific evidence showing that the commercial feed complies with sub.
(1).
ATCP 42.48 Note
Note: If the department has reason to believe that a commercial feed intended for dairy cattle, beef cattle, equine, sheep, goats, ducks, geese, rabbits, mink, foxes, swine, poultry, fish, veal calves, or herd replacement calves is not suitable for its intended use, the department may request documentation showing that the feed complies with par. (a) or (b).
ATCP 42.48(3)
(3)
Exemption. This section does not apply to a custom-mixed feed.
ATCP 42.48 History
History: Cr.
Register, September, 1996, No. 489, eff. 10-1-97:
CR 14-047: am. (2) (intro.), renum. (2) (a) to (a) (intro.) and am., cr. (2) (a) 1. to 9.
Register May 2015 No. 713, eff. 6-1-15;
CR 18-019: am. (2) (a) 6. Register January 2020 No. 769, eff. 2-1-20.
ATCP 42.50(1)(1)
Drugs. No person may manufacture or distribute any commercial feed which is a drug, or which contains any drug, unless all of the following apply:
ATCP 42.50(1)(a)
(a) The drug is safe and effective for its intended use when used according to label directions.
