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.

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.

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.

The rule identifies standard terms which, if used on a commercial feed label, indicate that the commercial feed is intended for a specified class of animals. For example, a swine feed labeled as a “pre-starter” is intended for swine weighing from 2 to 11 lbs. The rule does not require the use of these standard terms, but the terms may not be used in a manner inconsistent with the rule. The rule specifies standard terms corresponding to standard classes of swine, poultry, beef cattle, dairy cattle, equines, sheep and goats, ducks, geese and rabbits.

Guaranteed Analysis

Under this rule, a commercial feed must be labeled with a “guaranteed analysis” that guarantees the amount of nutrients and other key substances in the commercial feed. Under this rule, a guaranteed analysis must include all of the following:

○   A minimum guarantee for all of the following substances, unless the commercial feed is clearly labeled for a specialized purpose that is unrelated to the content of those substances:

○   Crude protein.

○   Equivalent crude protein from non-protein nitrogen, if present.

○   Crude fat.

○   A maximum guarantee for crude fiber, unless the commercial feed is clearly labeled for a specialized purpose that is unrelated to its crude fiber content.

○   Mineral guarantees if the feed is sold wholly or in part for its mineral content.

○   Vitamin guarantees if the commercial feed is sold wholly or in part for its vitamin content.

○   Microorganism guarantees if the commercial feed is sold wholly or in part for its microorganism content.

○   A sugar guarantee if the commercial feed is sold primarily for its sugar content.

○   If the commercial feed is intended as a specialized nutrient source primarily for use in the manufacture of other commercial feeds, a minimum guarantee for each nutrient that is relevant to that purpose.

○   Additional guarantees, if any, that are required for a specific class of commercial feed under this rule. This rule identifies specific substances which must be guaranteed in certain commercial feeds, including feeds intended for swine, poultry, beef cattle or calves, dairy cattle or calves, equines, sheep, goats, ducks, geese, fish or rabbits.

This rule specifies the form and order in which guarantees are to be listed in the guaranteed analysis. Except where this rule requires a different format, guarantees must be expressed as a percentage by weight of commercial feed.

Ingredient Statement

Under this rule, a commercial feed must be labeled with an ingredient statement that lists the name of each ingredient from which the commercial feed is manufactured. An ingredient name must be one of the following:

○   The common or usual name of that ingredient.