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).