Chapter ATCP 42

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.

ATCP 42.06(3) (3) Single-ingredient feeds. Product names for single-ingredient commercial feeds shall be consistent with the feed ingredient definitions specified in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.06 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 42.06(4) (4) Prohibitions.

ATCP 42.06(4)(a) (a) No person may label a commercial feed with a product or brand name that is any of the following:

ATCP 42.06(4)(a)1. 1. Inconsistent with the statement of purpose under s. ATCP 42.10.

ATCP 42.06(4)(a)2. 2. Copyrighted by another person, except with that person’s specific authorization.

ATCP 42.06(4)(b) (b) No person may incorporate a product or brand name as part of a guaranteed analysis under s. ATCP 42.12 or 42.14, or an ingredient statement under s. ATCP 42.16.

ATCP 42.06(4)(c) (c) No product or brand name may do any of the following:

ATCP 42.06(4)(c)1. 1. Use the word “protein” if non-protein nitrogen has been added to the commercial feed.

ATCP 42.06(4)(c)2. 2. Make any claim related to the percentage contents of any commercial feed ingredient or component, other than protein or equivalent protein.

ATCP 42.06(4)(c)3. 3. Use the word “vitamin,” or any word or abbreviation suggesting the word “vitamin,” unless the commercial feed is represented as a vitamin supplement and its vitamin contents are stated in the guaranteed analysis under ss. ATCP 42.12 and 42.14.

ATCP 42.06(4)(c)4. 4. Use the word “mineralized,” except as part of the term “trace mineralized salt.”

ATCP 42.06 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (3), Register, June, 1999, No. 522, eff. 7-1-99; CR 04-005: am. (3) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (3) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (3) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (3) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (3) Register January 2020 No. 769, eff. 2-1-20.

ATCP 42.08 ATCP 42.08 Medicated commercial feeds.

ATCP 42.08(1) (1) Label requirements. If a commercial feed contains one or more drugs, the label shall include all of the following:

ATCP 42.08(1)(a) (a) The word “medicated,” printed directly after and below the product name in a type size no smaller than one-half the type size of the product name.

ATCP 42.08(1)(b) (b) A statement which clearly explains the purpose for each drug contained in the feed.

ATCP 42.08(1)(c) (c) A statement of active drug ingredients. The statement shall include the established name and, except as provided under sub. (2), the guaranteed amount of each active drug ingredient. Drug guarantees shall be expressed according to sub. (3).

ATCP 42.08(1)(d) (d) Directions for use and precautionary statements under s. ATCP 42.22.

ATCP 42.08(2) (2) Growth promotion or feed efficiency drugs. Except as provided under 21 CFR 558, a feed label need not specify drug amounts for growth promotion or feed efficiency drugs in commercial feeds that are fed continuously as a sole ration.

ATCP 42.08(3) (3) Form of drug guarantees.

ATCP 42.08(3)(a) (a) Except as provided under par. (c), if a drug is present at a concentration of less than 2,000 grams per ton of commercial feed, the drug guarantee shall be expressed in grams per ton.

ATCP 42.08(3)(b) (b) Except as provided under par. (c), if a drug is present at a concentration of at least 2,000 grams per ton of commercial feed, the drug guarantee shall be expressed in grams per pound.

ATCP 42.08(3)(c) (c) If a drug dosage in milligrams is included in the use directions under s. ATCP 42.22, a drug guarantee may be expressed in milligrams per weight unit of commercial feed. The weight unit of commercial feed shall be consistent with weight units, if any, used in the declaration of net quantity under s. ATCP 42.20 and the use directions under s. ATCP 42.22.

ATCP 42.08 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.10 ATCP 42.10 Statement of purpose.

ATCP 42.10(1) (1) Requirement. Except as provided under sub. (2), a commercial feed shall be labeled with a statement of purpose that identifies all of the following:

ATCP 42.10(1)(a) (a) The species and classes of animals for which the feed is intended. A commercial feed may also be labeled with the weight ranges, sex, or ages of the animals for which the feed is intended.

ATCP 42.10(1)(b) (b) The specific intended use of the feed, unless the feed is intended as a complete feed for all species and classes of animals identified on the feed label.

ATCP 42.10(2) (2) Exemptions. Subsection (1) does not apply to any of the following:

ATCP 42.10(2)(a) (a) An ingredient or combination of ingredients sold as a specialized nutritional source for use in manufacturing other feeds.

ATCP 42.10(2)(b) (b) Grain or grain mixtures, with or without molasses, provided that both of the following apply:

ATCP 42.10(2)(b)1. 1. The grain or grain mixture contains no drug or other additive.

ATCP 42.10(2)(b)2. 2. The seller makes no specific feed claim for the grain or grain mixture.

ATCP 42.10(3) (3) Swine feed. The following terms, when used to label a swine commercial feed, indicate that the feed is intended for the following corresponding classes of swine:

ATCP 42.10(3)(a) (a) “Pre-Starter” for swine weighing 2 to 11 pounds.

ATCP 42.10(3)(b) (b) “Starter” for swine weighing 11 to 44 pounds.

ATCP 42.10(3)(c) (c) “Grower” for swine weighing 44 to 110 pounds.

ATCP 42.10(3)(d) (d) “Finisher” for swine weighing 110 to 242 pounds.

ATCP 42.10(3)(e) (e) “Gilts, Sows and Boars” for that class of swine.

ATCP 42.10(3)(f) (f) “Lactating Gilts and Sows” for that class of swine.

ATCP 42.10(4) (4) Poultry feed. The following terms, when used to label a poultry commercial feed, indicate that the feed is intended for the following corresponding classes of poultry:

ATCP 42.10(4)(a) (a) “Layer” for chickens that are grown to produce eggs for human food.

ATCP 42.10(4)(b) (b) “Layer Starting/Growing” for chickens, grown to produce eggs for human food, that are less than 10 weeks old.

ATCP 42.10(4)(c) (c) “Layer Finisher” for chickens, grown to produce eggs for human food, that are at least 10 weeks old but not yet laying eggs.

ATCP 42.10(4)(d) (d) “Layer Laying” for chickens that are currently laying eggs for human food.