Chapter ATCP 42

ATCP 42.16(4)(f)18. 18. Oat mill by-products.

ATCP 42.16(4)(f)19. 19. Peanut hulls.

ATCP 42.16(4)(f)20. 20. Rice hulls.

ATCP 42.16(4)(f)21. 21. Rice mill by-product.

ATCP 42.16(4)(f)22. 22. Soybean hulls.

ATCP 42.16(4)(f)23. 23. Soybean mill feed.

ATCP 42.16(4)(f)24. 24. Soybean mill run.

ATCP 42.16(4)(f)25. 25. Flax straw by-product.

ATCP 42.16(4)(f)26. 26. Ground straw.

ATCP 42.16(4)(f)27. 27. Sunflower hulls.

ATCP 42.16(4)(f)28. 28. Dried tomato pomace.

ATCP 42.16 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (1) (b), Register, June, 1999, No. 522, eff. 7-1-99; CR 04-005 Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (1) (b) and (2) (b) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (1) (b), (2) (b), r. (4) (b) 18. Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (1) (b), (2) (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (1) (b), (2) (b) Register January 2020 No. 769, eff. 2-1-20.

ATCP 42.18 ATCP 42.18 Manufacturer or distributor; name and address.

ATCP 42.18(1) (1) Requirement. A commercial feed shall be labeled with the name and principal mailing address of the manufacturer or distributor who is responsible for the content and labeling of that feed. The principal mailing address shall include a street address, city, state, and zip code. The street address may be omitted if the correct street address appears in the current city directory or telephone directory for the city listed on the label.

ATCP 42.18(2) (2) Feed produced on behalf of another. If a person produces commercial feed for another person who is licensed under s. ATCP 42.02, and who is identified on the feed label as the responsible manufacturer or distributor of that commercial feed, the person producing that feed for that responsible person need not be identified on the feed label.

ATCP 42.18(3) (3) Responsibility. The manufacturer or distributor whose name appears on the label of a commercial feed is responsible for the content and labeling of that feed, including compliance with this chapter.

ATCP 42.18 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.20 ATCP 42.20 Declaration of net quantity.

ATCP 42.20(1) (1) Requirement. No person may sell or distribute any package, container, or bulk lot of commercial feed in this state unless that package, container, or bulk lot bears a label which accurately declares the net quantity of commercial feed contained in that package, container, or bulk lot.

ATCP 42.20(2) (2) Net quantity; how expressed.

ATCP 42.20(2)(a) (a) Net quantity shall be declared in terms of weight, measure, or count, based on applicable requirements under s. 98.06, Stats.

ATCP 42.20 Note Note: Under s. 98.06, Stats., liquid quantities must normally be declared in terms of liquid measure, and other quantities must normally be declared in terms of weight.

ATCP 42.20(2)(b) (b) If a declaration of net quantity is expressed in terms of weight or measure, the weight or measure shall be expressed in appropriate inch-pound units and in appropriate metric units.

ATCP 42.20(2)(c) (c) If net quantity expressed in terms of weight is not fully informative, net quantity shall also be expressed in terms of measure or count. If net quantity expressed in terms of measure is not fully informative, net quantity shall also be expressed in terms of weight or count. If net quantity expressed in terms of count is not fully informative, net quantity shall also be expressed in terms of weight or measure.

ATCP 42.20(2)(d) (d) Whenever a declaration of net quantity includes a declaration of count, the declaration shall also specify the size or weight of the individual counted units unless the declaration of count is fully informative without a declaration of unit size or weight.

ATCP 42.20 Note Note: Compare s. ATCP 90.04.

ATCP 42.20 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.22 ATCP 42.22 Use directions and precautionary statements.

ATCP 42.22(1) (1) Requirement.

ATCP 42.22(1)(a) (a) Except as provided under par. (b) or (c), a commercial feed shall be prominently labeled with use directions and precautionary statements.

ATCP 42.22(1)(b) (b) No use directions are required under par. (a) for a non-medicated feed ingredient or a combination of non-medicated feed ingredients sold as a specialized nutritional source for use in manufacturing other feeds.

ATCP 42.22(1)(c) (c) Paragraph (a) does not apply to grain or a mixture of grain, with or without molasses, provided that both of the following apply:

ATCP 42.22(1)(c)1. 1. The grain or grain mixture contains no drug or other additive.

ATCP 42.22(1)(c)2. 2. The seller makes no specific feed claim for the grain or grain mixture.

ATCP 42.22(2) (2) Information included. The use directions and precautionary statements required under sub. (1) shall include all of the following:

ATCP 42.22(2)(a) (a) Adequate instructions to enable the safe and effective use of the commercial feed.

ATCP 42.22(2)(b) (b) Any use directions and precautionary statements required under 21 USC 343 and 21 CFR 514 and 558.

ATCP 42.22(2)(c) (c) Any use directions and precautionary statements required under s. ATCP 42.54 (3).

ATCP 42.22(3) (3) Location on feed package. Use directions and precautionary statements for a packaged commercial feed shall appear at one of the following locations:

ATCP 42.22(3)(a) (a) On the principal display panel of the feed package.

ATCP 42.22(3)(b) (b) On another portion of the feed package, provided that a statement on the principal display panel clearly directs the user’s attention to those use directions and precautionary statements.

ATCP 42.22 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

subch. IV of ch. ATCP 42 Subchapter IV — Custom-Mixed Feed

ATCP 42.24 ATCP 42.24 Labeling custom-mixed feed.

ATCP 42.24(1) (1) Labeling required. The manufacturer of a custom-mixed feed shall provide the purchaser of that feed with all of the following information, in writing, when the manufacturer delivers the custom-mixed feed to the purchaser:

ATCP 42.24(1)(a) (a) The name and address of the manufacturer.

ATCP 42.24(1)(b) (b) The name and address of the purchaser.

ATCP 42.24(1)(c) (c) The date on which the manufacturer sold or delivered the custom-mixed feed to the purchaser.

ATCP 42.24(1)(d) (d) The name of the custom-mixed feed.

ATCP 42.24(1)(e) (e) The net quantity of the custom-mixed feed.

ATCP 42.24(1)(f) (f) The name and net quantity of every commercial feed and every other ingredient used to manufacture the custom-mixed feed.

ATCP 42.24(1)(g) (g) The use directions and precautionary statements, if any, that are required under s. ATCP 42.22. If any commercial feed used in manufacturing a custom-mixed feed is labeled with use directions or precautionary statements, the manufacturer of the custom-mixed feed shall provide those use directions and precautionary statements to the purchaser of the custom-mixed feed.

ATCP 42.24(1)(h) (h) All of the information specified under s. ATCP 42.08 if the custom-mixed feed contains any drug.

ATCP 42.24(2) (2) Records required. The manufacturer of a custom-mixed feed shall keep a copy of the information which the manufacturer provides to the purchaser of that custom-mixed feed under sub. (1). The manufacturer shall keep the copy for at least one year, and shall make it available to the department for inspection and copying upon request.

ATCP 42.24 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.26 ATCP 42.26 Guarantees and disclaimers. The manufacturer of a custom-mixed feed is not responsible for the nutritional adequacy of that feed, provided that the manufacturer makes no claim of nutritional adequacy. The manufacturer of a custom-mixed feed may place a disclaimer on the feed label stating that the manufacturer does not claim or warrant the nutritional adequacy of the feed, or the suitability of the feed for its intended purpose.

ATCP 42.26 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

subch. V of ch. ATCP 42 Subchapter V — Dog and Cat Food

ATCP 42.28 ATCP 42.28 Labeling required.

ATCP 42.28(1) (1) General. Except as provided under sub. (2), a dog or cat food shall be clearly and conspicuously labeled with all of the following information so that the information is readily visible and legible to the purchaser:

ATCP 42.28(1)(a) (a) The words “Dog Food” or “Cat Food”, or other words which clearly identify the product as dog or cat food. These words shall appear on the principal display panel of the dog or cat food package.

ATCP 42.28(1)(b) (b) The product name and the brand name if any.

ATCP 42.28(1)(c) (c) A guaranteed analysis as required under s. ATCP 42.30.

ATCP 42.28(1)(d) (d) An ingredient statement as required under s. ATCP 42.32.

ATCP 42.28(1)(e) (e) The information required under s. ATCP 42.34 if the dog or cat food contains any drug.

ATCP 42.28(1)(f) (f) A statement of nutritional adequacy, if required under s. ATCP 42.36.

ATCP 42.28(1)(g) (g) The name and principal mailing address of the manufacturer or distributor responsible for distributing the dog or cat food, as required for other commercial feed under s. ATCP 42.18 (1).

ATCP 42.28(1)(h) (h) A declaration of net quantity, as required for other commercial feed under s. ATCP 42.20. The declaration of net quantity shall appear on the principal display panel of the dog or cat food package.

ATCP 42.28(1)(i) (i) Feeding instructions, if required under s. ATCP 42.38.

ATCP 42.28(2) (2) Exemption. Subsection (1) does not apply to any of the following:

ATCP 42.28(2)(a) (a) A custom-mixed dog or cat food labeled according to subch. IV.

ATCP 42.28(2)(b) (b) Pet chews, bones, toys, or exercisers made of rawhide, wood, or man-made material, whether flavored or unflavored, unless the manufacturer or distributor claims that the product is intended for use as a dog or cat food or that it provides anything of nutritional value to a dog or cat.

ATCP 42.28 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.30 ATCP 42.30 Guaranteed analysis.

ATCP 42.30(1) (1) Requirement. A dog or cat food shall be labeled with a guaranteed analysis. The guaranteed analysis shall include all of the following information in the following order:

ATCP 42.30(1)(a) (a) A minimum guarantee for crude protein.

ATCP 42.30(1)(b) (b) A minimum guarantee for crude fat.

ATCP 42.30(1)(c) (c) A maximum guarantee for crude fiber.

ATCP 42.30(1)(d) (d) A maximum guarantee for moisture. The maximum guaranteed moisture may not exceed 78%, or the natural moisture content of the dog or cat food ingredients, whichever is greater. A dog or cat food which primarily consists of stew, gravy, sauce, broth, juice, or a milk replacer, and which is labeled as such, may contain moisture in excess of 78%.

ATCP 42.30(1)(e) (e) Mineral guarantees if the dog or cat food is sold wholly or in part for its mineral contents. Mineral guarantees shall comply with sub. (3).

ATCP 42.30(1)(f) (f) Vitamin guarantees if the dog or cat food label identifies one or more specific vitamins, or makes a specific vitamin-related performance claim. The guaranteed analysis shall include a guarantee for each vitamin which is identified on the label, or which is relevant to the performance claim. Vitamin guarantees shall be expressed in appropriate units, as provided for other commercial feeds under s. ATCP 42.12 (4).

ATCP 42.30(1)(g) (g) Other substances claimed on the label of the dog or cat food.

ATCP 42.30(2) (2) Form of guarantees. Every guarantee under sub. (1) shall clearly identify the substance guaranteed. Except as provided under s. ATCP 42.12 (3) or (4), a guarantee shall be expressed as a percentage by weight of the dog or cat food.

ATCP 42.30(3) (3) Mineral guarantees.

ATCP 42.30(3)(a) (a) Mineral guarantees, if required under sub. (1) (e), shall include all of the following:

ATCP 42.30(3)(a)1. 1. Minimum and maximum guarantees for calcium.

ATCP 42.30(3)(a)2. 2. A minimum guarantee for phosphorus.

ATCP 42.30(3)(a)3. 3. A minimum and maximum guarantee for salt.

ATCP 42.30(3)(a)4. 4. Minimum guarantees for other minerals claimed on the dog or cat food label.