A copy of the rule to be considered may be obtained, free of charge, from the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, Agricultural Resource Management Division by contacting Eric Nelson, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608)224-4539 or FAX at (608)224-4656.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by November 17, 1995 either by writing Eric Nelson, 2811 Agriculture Drive, P.O. Box 8911, Madison, WI 53708, (608/224-4539) or by contacting the message relay system (TTY) at 608/224-5058. Handicap access is available at the hearings.
Hearing Information
November 28, 1995 Quality Inn
Tuesday 809 W. Clairemont Ave.
1:30 - 4:30 p.m. Eau Claire, WI
evening session
6:00 - 8:00 p.m.
November 29, 1995 Ramada Inn
Wednesday 201 N. 17th Ave.
1:30 - 4:30 p.m. Wausau, WI
evening session
6:00 - 8:00 p.m.
November 30, 1995 Holiday Inn
Thursday 625 W. Rolling Meadows Dr.
1:30 - 4:30 p.m. Fond du Lac, WI
evening session
6:00 - 8:00 p.m.
December 5, 1995 Nate's Supper Club
Tuesday and White House Inn
1:30 - 4:30 p.m. 1450 Veterans Dr.
evening session Richland Center, WI
6:00 - 8:00 p.m.
December 6, 1995 Department of Agriculture, Trade
Wednesday and Consumer Protection
1:30 - 4:30 p.m. Board Room
evening session 2811 Agriculture Dr.
6:00 - 8:00 p.m. Madison, WI
Analysis Prepared by the Department of Agriculture, Trade, and Consumer Protection
Statutory authority: ss. 93.07 (1) and 94.72 (13) (a)
Statute interpreted: s. 94.72
The department of agriculture, trade and consumer protection regulates the manufacture and distribution of commercial feed under s. 94.72, Stats. Commercial feed includes feed for domestic livestock and pets. Feed regulation is aimed at protecting animal and human health, and preventing sales of adulterated and misbranded feed products. The department regulates commercial feed in cooperation with the federal food and drug administration (FDA) and other states.
This rule repeals and recreates current rules under ch. ATCP 42, Wis. Adm. Code, related to commercial feed. The rule is based, to a large extent, on standards adopted by the American association of American feed control officials (AAFCO). Among other things, the rule establishes standards for all of the following:
○ Licensing manufacturers and distributors of commercial feed.
○ Commercial feed labels, including labels for custom-mixed feed and dog and cat food.
○ Truth in labeling.
○ Nutritional claims.
○ Drugs and other feed additives.
○ Good manufacturing practices for medicated feed and dog and cat food.
Under s. 94.72, Stats., and this rule, a commercial feed means any animal feed that is sold or bartered, or offered for sale or barter, but does not include any of the following:
○ Grain, whether whole or ground, which is not mixed with other grains or other materials.
○ Hay, straw, cottonseed hulls, stover or silage which is not mixed with other materials.
○ Unprocessed meat or other unprocessed portions of animal carcasses.
COMMERCIAL FEED LICENSE
License Required
Under s. 94.72, Stats., and this rule, no person may manufacture or distribute commercial feed in this state without an annual license from the department, except that a person may do any of the following without a license:
○ Distribute packaged commercial feed in its original package, as packaged by a licensed manufacturer or distributor.
○ Distribute bulk commercial feed in the same form received from a licensed manufacturer or distributor, and with the same labeling.
○ Manufacture or distribute a “custom-mixed feed” which is prepared at the request of a final retail purchaser according to a formula provided by that final retail purchaser. Commercial feeds used as ingredients in “custom-mixed” feed must be obtained from licensed sources.
License Application and Fees
To obtain an annual license, an applicant must do all of the following:
○ Submit an application on a form provided by the department.
○ Pay an annual license fee of $25, and a supplementary fee of $25 for each additional business location.
○ Submit a feed tonnage report if required under s. 94.72(6), Stats.
○ Pay inspection fees on reported feed tonnage, if required under s. 94.72(6), Stats. A commercial feed manufacturer is not required to pay inspection fees on either of the following:
○ Grain used in a commercial feed, if that grain is owned and provided by the final retail purchaser of that feed.
○ Grain used in a “custom-mixed” feed.
COMMERCIAL FEED LABELING; GENERAL
This rule establishes general labeling requirements for commercial feed. The general labeling requirements apply to all commercial feed, other than “custom-mixed” feed and dog and cat food. This rule specifies different labeling requirements for custom-mixed feed and dog and cat food (see below).
Label Contents; General
Under this rule, a commercial feed label must generally include all of the following:
○ The product name of the commercial feed, and its brand name if any.
○ Drug labeling if the commercial feed contains any drug.
○ A statement of purpose identifying the animals for which the feed is intended, and the use for which the feed is intended.
○ A guaranteed analysis of nutrients.
○ An ingredient statement.
○ The name and address of the manufacturer or distributor who is responsible for the contents and labeling of the commercial feed.
○ A declaration of net quantity.
○ Use directions and precautionary statements.
Product and Brand Names
Under this rule, a commercial feed must be labeled with its product name and its brand name if any. A product or brand name may not be inconsistent with the intended use of the commercial feed, and may not contain any statement or representation that is false, deceptive or misleading. This rule regulates the use of certain terms, including ingredient names, in product or brand names.
Medicated Commercial Feeds
Under this rule, if a commercial feed contains one or more drugs, the commercial feed label must identify the commercial feed as a “medicated” feed. It must also include:
○ A statement explaining the purpose for each drug.
○ A statement identifying the name and amount of each active drug ingredient in the commercial feed.
○ Directions for use and precautionary statements needed for the safe administration and handling of the commercial feed.
Statement of Purpose
Under this rule, a commercial feed must be labeled with a statement of purpose that identifies all of the following:
○ The species and classes of animals for which the commercial feed is intended.
○ The specific intended use of the commercial feed, unless the commercial feed is intended as a complete feed for all species and classes of animals identified on the feed label.
Under this rule, a statement of purpose is not required for either of the following:
○ An ingredient or combination of ingredients sold as a specialized nutritional source for use in manufacturing other commercial feeds.
○ Grain or grain mixtures, provided that they contain no drugs and the seller makes no specific feed claim for them.
