ATCP 42.01(19)(19)“Type A medicated article” has the meaning given under 21 CFR 558.3.
ATCP 42.01(20)(20)“Type B medicated feed” has the meaning given under 21 CFR 558.3.
ATCP 42.01(21)(21)“Type C medicated feed” has the meaning given under 21 CFR 558.3.
ATCP 42.01 HistoryHistory: Cr. Register, September, 1996, No. 489, eff. 10-1-97; r. and recr. (3), Register, February, 1998, No. 506, eff. 3-1-98; CR 14-047: am. (9) Register May 2015 No. 713, eff. 6-1-15.
subch. II of ch. ATCP 42Subchapter II — Commercial Feed License
ATCP 42.02ATCP 42.02Commercial feed license.
ATCP 42.02(1)(1)License required. 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.
ATCP 42.02(2)(2)Exemptions. A person may do any of the following without a license under sub. (1):
ATCP 42.02(2)(a)(a) 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.
ATCP 42.02(2)(b)(b) Distribute bulk commercial feed which is all of the following:
ATCP 42.02(2)(b)1.1. Distributed in the same form, but not necessarily in the same quantities, in which it is received from a licensed manufacturer or distributor.
ATCP 42.02(2)(b)2.2. 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.
ATCP 42.02(2)(c)(c) Manufacture or distribute a custom-mixed feed, provided that the manufacturer of that custom-mixed feed does all of the following:
ATCP 42.02(2)(c)1.1. Distributes that custom-mixed feed only to the retail purchaser for whom the feed was custom-mixed.
ATCP 42.02(2)(c)2.2. Obtains all commercial feeds used as ingredients in that custom-mixed feed only from licensed manufacturers or distributors.
ATCP 42.02(2)(c)3.3. 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.
ATCP 42.02(2)(d)(d) 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.
ATCP 42.02(2)(e)(e) 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.
ATCP 42.02(3)(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:
ATCP 42.02(3)(a)(a) The name and business address of the applicant.
ATCP 42.02(3)(b)(b) 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).
ATCP 42.02(3)(c)(c) The license fees required under sub. (4).
ATCP 42.02(3)(d)(d) 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:
ATCP 42.02(3)(d)1.1. Grain used in a mill formulated feed if that grain is owned and provided by the final retail purchaser of that feed.
ATCP 42.02(3)(d)2.2. Grain used in a custom-mixed feed.
ATCP 42.02(3)(e)(e) Other relevant information required by the department.
ATCP 42.02(4)(4)License fees. A person required to be licensed under sub. (1) shall annually pay all of the following license fees:
ATCP 42.02(4)(a)(a) A basic license fee of $25.
ATCP 42.02(4)(b)(b) 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: