Chapter ATCP 42

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.

ATCP 42.10(4)(e) (e) “Layer Breeders” for chickens that are currently producing offspring grown to produce eggs for human food.

ATCP 42.10(4)(f) (f) “Broilers” for chickens that are grown for human food.

ATCP 42.10(4)(g) (g) “Broilers Starting/Growing” for chickens less than 5 weeks old that are being grown for human food.

ATCP 42.10(4)(h) (h) “Broilers Finisher” for chickens over 5 weeks old that are being fed for marketing as human food.

ATCP 42.10(4)(i) (i) “Broilers Breeders” for chickens from strains whose offspring are grown for human food.

ATCP 42.10(4)(j) (j) “Broilers Breeders Starting/Growing” for chickens that are both of the following:

ATCP 42.10(4)(j)1. 1. From strains whose offspring are grown for human food.

ATCP 42.10(4)(j)2. 2. Less than 10 weeks old.

ATCP 42.10(4)(k) (k) “Broilers Breeders Finishing” for chickens that are all of the following:

ATCP 42.10(4)(k)1. 1. From strains whose offspring are grown for human food.

ATCP 42.10(4)(k)2. 2. At least 10 weeks old.

ATCP 42.10(4)(k)3. 3. Not yet laying eggs.

ATCP 42.10(4)(L) (L) “Broilers Breeders Laying” for chickens that are all of the following:

ATCP 42.10(4)(L)1. 1. From strains whose offspring are grown for human food.

ATCP 42.10(4)(L)2. 2. Grown to produce offspring used for human food as broilers or roasters.

ATCP 42.10(4)(L)3. 3. Currently laying fertile eggs.

ATCP 42.10(4)(m) (m) “Turkeys Starting/Growing” for male turkeys less than 13 weeks old that are being grown for human food.

ATCP 42.10(4)(n) (n) “Turkeys Finisher” for turkeys, grown for human food, that are one of the following:

ATCP 42.10(4)(n)1. 1. Females that are 13 weeks to 17 weeks old.

ATCP 42.10(4)(n)2. 2. Males at least 16 weeks old that are being fed for market.

ATCP 42.10(4)(o) (o) “Turkeys Laying” for female turkeys that are currently producing eggs.

ATCP 42.10(4)(p) (p) “Turkeys Breeder” for turkeys, grown to produce fertile eggs, that are not yet producing fertile eggs.

ATCP 42.10(5) (5) Beef cattle feed. The following terms, when used to label a beef cattle commercial feed, indicate that the feed is intended for the following corresponding classes of beef cattle:

ATCP 42.10(5)(a) (a) “Calves” for beef cattle from birth to weaning.

ATCP 42.10(5)(b) (b) “Cattle on pasture” for weaned cattle other than feedlot cattle. The word “cattle” may be replaced by a more specific word such as stockers, feeders, replacement heifers, brood cows, or bulls.

ATCP 42.10(5)(c) (c) “Feedlot cattle” for weaned cattle kept in a feedlot.

ATCP 42.10(6) (6) Dairy cattle feed. The following terms, when used to label a dairy cattle commercial feed, indicate that the feed is intended for the following corresponding classes of dairy cattle:

ATCP 42.10(6)(a) (a) “Veal milk replacer” for milk replacer fed to veal calves.

ATCP 42.10(6)(b) (b) “Herd milk replacer” for milk replacer fed to herd replacement calves.

ATCP 42.10(6)(c) (c) “Starter” for dairy animals 3 days to 3 months old.

ATCP 42.10(6)(d) (d) “Growing Heifers, Bulls and Dairy Beef — Grower (1)” for dairy animals 3 to 12 months old.