Chapter ATCP 42

ATCP 42.01(1) (1) “Brand name” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or labeler and distinguishing it from that of others.

ATCP 42.01(2) (2) “Commercial feed” means any feed, including any custom-mixed or mill formulated feed, that is sold or bartered, or offered for sale or barter, but does not include any of the following:

ATCP 42.01(2)(a) (a) Unmixed whole seeds or grains identified in United States grain standards.

ATCP 42.01(2)(b) (b) Unmixed ground corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo, or other unmixed ground seeds or grain.

ATCP 42.01(2)(c) (c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.

ATCP 42.01(2)(d) (d) Meat and other portions of animal carcasses in their raw or natural state without further processing except freezing or denaturing.

ATCP 42.01(3) (3) “Custom-mixed feed” means a commercial feed, other than a mill-formulated feed, which a manufacturer prepares at the request of a final retail purchaser who does either of the following:

ATCP 42.01(3)(a) (a) Provides one or more ingredients comprising a significant portion of the commercial feed.

ATCP 42.01(3)(b) (b) Specifies the formula for the commercial feed. This paragraph does not apply if the purchaser obtains the formula from the feed manufacturer or labeler, but does apply if the purchaser obtains the formula from any of the following:

ATCP 42.01(3)(b)1. 1. The label of a prepackaged commercial feed concentrate or premix.

ATCP 42.01(3)(b)2. 2. A person other than the feed manufacturer or labeler.

ATCP 42.01(4) (4) “Distribute” means to sell, offer to sell, exchange, barter, or solicit orders for the sale of a feed product or otherwise supply or furnish a feed product to purchasers of the feed product in this state, whether or not the sales or transactions are made wholly or partially in this state or another state.

ATCP 42.01(5) (5) “Distributor” means any person who distributes a feed product for sale or distribution in this state.

ATCP 42.01(6) (6) “Dog or cat food” means a commercial feed intended for dogs or cats.

ATCP 42.01(7) (7) “Drug” means either of the following:

ATCP 42.01(7)(a) (a) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans.

ATCP 42.01(7)(b) (b) Any substance, other than a nutritive component, that is intended to affect the structure or any function of the animal body.

ATCP 42.01(8) (8) “Feed” means any substance which is intended for use as food for animals other than humans. “Feed” includes commercial feed and feed ingredients.

ATCP 42.01(9) (9) “Feed ingredient” has the meaning specified in s. 94.72 (1) (g), Stats.

ATCP 42.01(10) (10) “Label” means the written, printed, or graphic matter on or attached to the container in which a commercial feed is distributed, or the invoice or delivery slip for the commercial feed.

ATCP 42.01(11) (11) “Labeler” means a person who labels commercial feed. “Labeler” includes a person, other than the final retail purchaser, who retains the proprietary rights to the specifications of a commercial feed.

ATCP 42.01(12) (12) “Labeling” means all labels and any other written, printed, or graphic matter referencing a commercial feed.

ATCP 42.01(13) (13) “Manufacture” means to mix, blend, process, package, or label commercial feed.

ATCP 42.01(14) (14) “Mill formulated feed” means a commercial feed consisting of a mixture of commercial feeds or feed ingredients mixed on an individual basis by the feed manufacturer or labeler according to a feed formula devised and prepared by the manufacturer or labeler for a final retail customer of the manufacturer or labeler.

ATCP 42.01(15) (15) “Noxious weed seeds” mean the seeds of Canada thistle, wild mustard, and quack grass, either single or combined.

ATCP 42.01(16) (16) “Person” means an individual, corporation, partnership, limited liability company, cooperative, business trust, or business association or entity.

ATCP 42.01(17) (17) “Principal display panel” means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

ATCP 42.01(18) (18) “Product name” means the name of a commercial feed which identifies it as to kind, class, or specific use.

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 History History: 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 42 Subchapter II — Commercial Feed License

ATCP 42.02 ATCP 42.02 Commercial 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:

ATCP 42.02(4)(b)1. 1. A business location which is the applicant’s sole business location in this state.

ATCP 42.02(4)(b)2. 2. A business location at which the applicant engages only in manufacturing or distributing custom-mixed feed to retail purchasers.

ATCP 42.02(5) (5) License expires. A license under sub. (1) expires on the last day of February of each year.

ATCP 42.02(6) (6) Fees are nonrefundable. License fees under sub. (4) and inspection fees under s. 94.72 (6), Stats., are nonrefundable, and may not be prorated for any part of a license year.

ATCP 42.02(7) (7) License not transferable. A license under sub. (1) is not transferable between persons or business locations. Before a license holder engages in any activity for which a license is required under sub. (1) at any business location which the license holder has failed to identify under sub. (3) (b), the license holder shall identify that business location to the department and shall pay any supplementary license fee required for that location under sub. (4) (b).

ATCP 42.02 Note Note: You may obtain a commercial feed license application by writing The Wisconsin Department of Agriculture, Trade and Consumer Protection, Feed Section at P.O. Box 8911, Madison, WI 53708-8911.

ATCP 42.02 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; CR 07-116: cr. (2) (e) Register November 2008 No. 635, eff. 12-1-08.

subch. III of ch. ATCP 42 Subchapter III — Commercial Feed Labeling; General

ATCP 42.04 ATCP 42.04 Commercial feed label.

ATCP 42.04(1) (1) General. Commercial feed shall be labeled according to this subchapter except that:

ATCP 42.04(1)(a) (a) Custom-mixed feed shall be labeled according to subch. IV.

ATCP 42.04(1)(b) (b) Mill formulated feed may be labeled in the same manner as custom-mixed feed under subch. IV unless the purchaser requests labeling under this subchapter. If a manufacturer labels mill formulated feed according to subch. IV, the manufacturer shall keep the same records which a manufacturer of custom-mixed feed is required to keep under s. ATCP 42.24 (2).

ATCP 42.04(1)(c) (c) Dog and cat food shall be labeled according to subch. V.

ATCP 42.04(2) (2) Label contents. Except as provided under sub. (1) (a) to (c), commercial feed shall be labeled with all of the following information in the following order:

ATCP 42.04(2)(a) (a) The product name of the commercial feed, and its brand name if any, as required under s. ATCP 42.06.

ATCP 42.04(2)(b) (b) The information required under s. ATCP 42.08 if the commercial feed contains any drug.

ATCP 42.04(2)(c) (c) The statement of purpose required under s. ATCP 42.10.

ATCP 42.04(2)(d) (d) The guaranteed analysis required under ss. ATCP 42.12 and 42.14.

ATCP 42.04(2)(e) (e) An ingredient statement if required under s. ATCP 42.16.

ATCP 42.04(2)(f) (f) Use directions and precautionary statements, if required under s. ATCP 42.22.

ATCP 42.04(2)(g) (g) The name and address of the manufacturer or distributor, as required under s. ATCP 42.18.

ATCP 42.04(2)(h) (h) A declaration of net quantity, as required under s. ATCP 42.20.

ATCP 42.04(3) (3) Label form and location.

ATCP 42.04(3)(a) (a) If commercial feed is distributed in packaged form, the label information required under sub. (2) shall appear on the principal display panel of the commercial feed package. Use directions and precautionary statements under sub. (2) (f) may be disclosed on a portion of a feed package other than the principal display panel if the principal display panel clearly discloses where they may be found.

ATCP 42.04(3)(b) (b) If commercial feed is distributed in bulk, the label information required under sub. (2) shall appear on a bulk delivery slip which accompanies the commercial feed. If a bulk delivery of commercial feed is bagged at retail at the request of the retail purchaser, the bags comprising that bulk delivery need not be individually labeled under par. (a) if each bag is clearly identified as part of the bulk delivery for which a bulk delivery slip is provided. If the bulk commercial feed contains one or more drugs, the identification on each bag shall include the word “medicated.”

ATCP 42.04 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; r. and recr. (1) and (2) (intro.), am. (3) (b), Register, February, 1998, No. 506, eff. 3-1-98.

ATCP 42.06 ATCP 42.06 Product and brand names.

ATCP 42.06(1) (1) General. A commercial feed shall be labeled with its product name and its brand name if any. No product or brand name may contain any statement or representation that is false, deceptive, or misleading.

ATCP 42.06(2) (2) Use of ingredient names. No product or brand name may identify any ingredient of a commercial feed to the exclusion of any other ingredient unless all of the following apply:

ATCP 42.06(2)(a) (a) The identified ingredient imparts to the commercial feed a distinctive characteristic which is significant to purchasers.

ATCP 42.06(2)(b) (b) The identified ingredient is included in the guaranteed analysis under ss. ATCP 42.12 and 42.14.

ATCP 42.06(2)(c) (c) The product or brand name is not deceptive or misleading.