Chapter ATCP 42

ATCP 42.44(6)(b) (b) The dog or cat food is adequate as a sole source of nourishment for dogs or cats when fed according to label directions and according to feeding protocols for dogs and cats specified in the 2018 Official Publication of the Association of American Feed Control Officials.

ATCP 42.44(6)(c) (c) The manufacturer possesses valid scientific evidence, equivalent to that specified under par. (a) or (b), which substantiates the label claim.

ATCP 42.44 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 42.44(7) (7) Misrepresent that an identified ingredient is present to the exclusion of any other ingredient.

ATCP 42.44(8) (8) Misrepresent the amount of any ingredient in a dog or cat food.

ATCP 42.44(9) (9) Use the term “with [ingredient],” or any similar term which calls attention to a specific ingredient unless that ingredient constitutes at least 3 percent by weight of the dog or cat food, exclusive of water sufficient for processing.

ATCP 42.44 Note Note: See also s. ATCP 42.42.

ATCP 42.44(11) (11) Misrepresent that a dog or cat food contains only one ingredient. A claim does not violate this subsection if, in addition to the single claimed ingredient, the dog or cat food contains only water sufficient for processing, required denaturing agents, or trace amounts of preservatives and condiments.

ATCP 42.44(12) (12) Claim that the dog or cat food is flavored unless the flavor is detectable by a recognized test method or is proven to be readily distinguishable by a dog or cat. A flavor claim shall identify the source of the flavor, unless the source is an ingredient listed under s. ATCP 42.32 which has the same name as the flavor.

ATCP 42.44(13) (13) Use the term “meat” or “meat by-products” to designate meat or meat by-products from animals other than cattle, swine, sheep, or goats, unless the term is qualified to identify those animals.

ATCP 42.44(14) (14) Claim that a dog or cat food is “new” or “improved” if the formula for that dog or cat food has not changed significantly for more than 6 months.

ATCP 42.44(15) (15) Make any specific comparison claim, including any claim that a dog or cat food is preferred by dogs or cats, unless the claim is substantiated by reasonable evidence acquired within one year prior to the date on which the claim is made.

ATCP 42.44 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; am. (6) (a), Register, June, 1999, No. 522, eff. 7-1-99; CR 04-005: am. (6) (a) Register October 2004 No. 586, eff. 11-1-04; CR 06-028: am. (6) (a) Register November 2006 No. 611, eff. 12-1-06; CR 14-047: am. (6) (a), (b) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (6) (a), (b) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (6) (a), (b) Register January 2020 No. 769, eff. 2-1-20.

subch. VI of ch. ATCP 42 Subchapter VI — General Provisions

ATCP 42.46 ATCP 42.46 Good manufacturing practices.

ATCP 42.46(1) (1) General. Medicated commercial feed, and dog and cat food shall be manufactured, processed, packaged, stored, and distributed in a manner which prevents adulteration and misbranding.

ATCP 42.46(2) (2) Buildings. Buildings and facilities used in manufacturing medicated commercial feed or dog or cat food shall be all of the following:

ATCP 42.46(2)(a) (a) Adequate for the purpose used.

ATCP 42.46(2)(b) (b) Capable of being kept clean and in good repair.

ATCP 42.46(2)(c) (c) Constructed to allow convenient access for routine cleaning and maintenance.

ATCP 42.46(2)(d) (d) Kept clean and in good repair.

ATCP 42.46(2)(e) (e) Kept free of unhealthful or unsanitary conditions.

ATCP 42.46(3) (3) Equipment. Equipment used to manufacture medicated commercial feed or dog or cat food shall be all of the following:

ATCP 42.46(3)(a) (a) Adequate for the purpose used. Scales and measuring devices shall be accurate.

ATCP 42.46(3)(b) (b) Designed, constructed and installed to facilitate routine cleaning, inspection and maintenance.

ATCP 42.46(3)(c) (c) Capable of being kept clean and in good repair.

ATCP 42.46(3)(d) (d) Kept clean and in good repair.

ATCP 42.46(4) (4) Cross-utilization. Areas and equipment used to manufacture, handle, or store medicated commercial feeds, dog food, or cat food may not be used to manufacture, handle, or store fertilizers or pesticides, unless the fertilizers or pesticides are approved for use in the manufacture of the medicated commercial feeds, dog food, or cat food.

ATCP 42.46(5) (5) Medicated feeds; manufacturing.

ATCP 42.46(5)(a) (a) Type A medicated articles shall be manufactured according to 21 CFR 226.

ATCP 42.46(5)(b) (b) Type B and type C medicated feeds shall be manufactured according to 21 CFR 225.

ATCP 42.46(6) (6) Medicated feed ingredients.

ATCP 42.46(6)(a) (a) The operator of a medicated feed manufacturing facility shall establish and maintain procedures for identifying, storing, and controlling inventories of Type A medicated articles and Type B medicated feeds used in manufacturing medicated feeds. The procedures shall preserve the identity, strength, quality and purity of the drug sources.

ATCP 42.46(6)(b) (b) Packaged Type A medicated articles and Type B medicated feeds shall be stored in designated areas in their original closed containers. Bulk Type A medicated articles and bulk Type B medicated feeds shall be identified and stored in a manner which preserves their identity, strength, quality, and purity.

ATCP 42.46(6)(c) (c) Type A medicated articles and Type B medicated feeds shall be used according to label directions.

ATCP 42.46(7) (7) Ingredient labeling. All packaged and bulk ingredients received or held for use in the manufacture of medicated commercial feed or dog or cat food shall be accurately labeled to facilitate proper use.

ATCP 42.46(8) (8) Records. A manufacturer of medicated commercial feed or dog or cat food shall keep records of all manufactured products, including product formulas, manufacturing dates, batch numbers, and shipment dates. The records shall be adequate to facilitate the recall of specific batches of medicated commercial feed or dog or cat food, should that become necessary. Records for each batch of manufactured product shall be retained for at least one year after the last product from that batch has been distributed.

ATCP 42.46 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97; CR14-047: am. (3) (c) Register May 2015 No. 713, eff. 6-1-15.

ATCP 42.48 ATCP 42.48 Nutritional content.

ATCP 42.48(1) (1) General. Except as provided under sub. (3), the nutritional content of a commercial feed shall be suitable for the intended use of that feed when the feed is used according to label directions.

ATCP 42.48(2) (2) Nutritional standards. Except as provided under sub. (3), no person may manufacture or distribute a commercial feed intended for dairy cattle, equine, sheep, goats, ducks, geese, rabbits, mink, foxes, swine, poultry, fish, veal calves, or herd replacement calves unless one of the following applies:

ATCP 42.48(2)(a) (a) The commercial feed complies with applicable nutritional standards published by the national research council, national academy of sciences contained in one of the following:

ATCP 42.48(2)(a)1. 1. Nutrient Requirements of Dairy Cattle (7th revised edition, 2001).

ATCP 42.48(2)(a)2. 2. Nutrient Requirements of Horses (6th revised edition, 2007).

ATCP 42.48(2)(a)3. 3. Nutrient Requirements of Swine (11th revised edition, 2012).

ATCP 42.48(2)(a)4. 4. Nutrient Requirements of Fish and Shrimp (2011).

ATCP 42.48(2)(a)5. 5. Nutrient Requirements of Small Ruminants: Sheep, Goats, Cervids, and New World Camelids (2007).

ATCP 42.48(2)(a)6. 6. Nutrient Requirements of Beef Cattle (8th revised edition, 2016).

ATCP 42.48(2)(a)7. 7. Nutrient Requirements of Poultry (9th revised edition, 1994).

ATCP 42.48(2)(a)8. 8. Nutrient Requirements of Rabbits (2nd revised edition 1977).

ATCP 42.48(2)(a)9. 9. Nutrient Requirements of Mink and Foxes (2nd revised edition, 1982).

ATCP 42.48 Note Note: Copies of the nutritional standards listed in par. (a) are on file with the department and the legislative reference bureau. Copies may also be obtained from the National Academies Press, 500 Fifth St N.W., Washington, D.C. 20001, telephone [phone], e-mail: [e-mail] or at the website http://www.nap.edu.

ATCP 42.48(2)(b) (b) The manufacturer of the commercial feed possesses valid scientific evidence showing that the commercial feed complies with sub. (1).

ATCP 42.48 Note Note: If the department has reason to believe that a commercial feed intended for dairy cattle, beef cattle, equine, sheep, goats, ducks, geese, rabbits, mink, foxes, swine, poultry, fish, veal calves, or herd replacement calves is not suitable for its intended use, the department may request documentation showing that the feed complies with par. (a) or (b).

ATCP 42.48(3) (3) Exemption. This section does not apply to a custom-mixed feed.

ATCP 42.48 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97: CR 14-047: am. (2) (intro.), renum. (2) (a) to (a) (intro.) and am., cr. (2) (a) 1. to 9. Register May 2015 No. 713, eff. 6-1-15; CR 18-019: am. (2) (a) 6. Register January 2020 No. 769, eff. 2-1-20.

ATCP 42.50 ATCP 42.50 Drugs and other additives.

ATCP 42.50(1) (1) Drugs. No person may manufacture or distribute any commercial feed which is a drug, or which contains any drug, unless all of the following apply:

ATCP 42.50(1)(a) (a) The drug is safe and effective for its intended use when used according to label directions.

ATCP 42.50(1)(b) (b) The drug and its use are approved or sanctioned by the federal food and drug administration if federal law requires that approval or sanction.

ATCP 42.50(2) (2) Use of drugs in commercial feed. No person may do either of the following:

ATCP 42.50(2)(a) (a) Manufacture or distribute any commercial feed to which a drug has been added in violation of the drug label, or in violation of the terms under which the drug is approved by the federal food and drug administration.

ATCP 42.50(2)(b) (b) Manufacture or distribute any commercial feed to which a drug has been added unless that commercial feed is labeled as a medicated commercial feed according to this chapter.

ATCP 42.50(3) (3) Other additives. No person may manufacture or distribute any commercial feed containing a special purpose additive or non-nutritive additive if any of the following apply:

ATCP 42.50(3)(a) (a) The additive is not safe, or is not effective, for its intended use when used according to label directions.

ATCP 42.50(3)(b) (b) The additive is used in the commercial feed for a purpose other than that for which it was intended, or in violation of its label.

ATCP 42.50(3)(c) (c) The additive is used to impart immunity, but the United States department of agriculture has not approved it for that purpose under 21 USC 151 to 158.

ATCP 42.50 History History: Cr. Register, September, 1996, No. 489, eff. 10-1-97.

ATCP 42.52 ATCP 42.52 Adulteration and misbranding.

ATCP 42.52(1) (1) Adulteration and misbranding prohibited. No person may sell or distribute in this state a feed which is adulterated or misbranded.

ATCP 42.52(2) (2) Adulteration; what constitutes. A feed is adulterated if any of the following apply:

ATCP 42.52(2)(a) (a) The feed bears or contains any poisonous or deleterious substance which may make it injurious to health. If the substance is not an added substance, the feed is not considered adulterated under this paragraph if the quantity of the substance does not ordinarily make the feed injurious to the health of the animal for which it is intended.

ATCP 42.52(2)(b) (b) The feed contains any added poisonous, deleterious, or non-nutritive substance which is unsafe within the meaning of 21 USC 346. This paragraph does not apply to either of the following:

ATCP 42.52(2)(b)1. 1. A pesticide used according to label directions on a raw agricultural commodity contained in the feed.

ATCP 42.52(2)(b)2. 2. A food additive that complies with 40 CFR 180.

ATCP 42.52(2)(c) (c) A raw agricultural commodity in the feed contains the residue of a pesticide that is unsafe within the meaning of 21 USC 346a, unless all of the following apply:

ATCP 42.52(2)(c)1. 1. The pesticide chemical was applied to the raw agricultural commodity according to an exemption or tolerance under 21 USC 346a.

ATCP 42.52(2)(c)2. 2. The raw agricultural commodity has been processed by canning, cooking, freezing, dehydrating, milling, or other processing procedures.

ATCP 42.52(2)(c)3. 3. The pesticide residue has been removed from the raw agricultural commodity to the greatest extent possible with good manufacturing practices.

ATCP 42.52(2)(c)4. 4. The pesticide residue concentration in the feed does not exceed the tolerance prescribed for that pesticide in the raw agricultural commodity.

ATCP 42.52(2)(d) (d) The feed, if fed to an animal, will likely cause the edible product of that animal to contain a pesticide residue which is unsafe within the meaning of 21 USC 346a(a).

ATCP 42.52(2)(e) (e) The feed contains any food additive which is unsafe within the meaning of 21 USC 348.

ATCP 42.52(2)(f) (f) The feed contains any color additive which is unsafe within the meaning of 21 USC 379e.

ATCP 42.52(2)(g) (g) The feed contains any new animal drug which is unsafe within the meaning of 21 USC 360b.

ATCP 42.52(2)(h) (h) A drug, special purpose additive, or non-nutritive additive is added to the feed in violation of s. ATCP 42.50.

ATCP 42.52(2)(i) (i) A valuable constituent of the feed is wholly or partly omitted or removed from the feed, or is wholly or partly replaced by a less valuable constituent.

ATCP 42.52(2)(j) (j) The composition or quality of the feed falls below or differs from that represented on the feed labeling.

ATCP 42.52(2)(k) (k) The feed is a medicated commercial feed or a dog or cat food manufactured in violation of good manufacturing requirements under s. ATCP 42.46.

ATCP 42.52(2)(L) (L) The feed contains germitive noxious weed seeds in an amount greater than either of the following, unless the presence and guaranteed maximum amount of those germitive noxious weed seeds is clearly stated on the feed label: