Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › AGRICULTURAL CHEMISTRY › Chapter 80-1-5 - SALE OF COMMERCIAL FEED › Section 80-1-5-.05 - Registration Of Commercial Feed Companies, Brand And Product Names

Current through Register Vol. 42, No. 9, June 28, 2024
(1) No person shall
				manufacture or sell a commercial feed in this state, unless he has filed with
				the commissioner on forms provided by the commissioner, his name, place of
				business and location of each manufacturing facility from which feed may be
				shipped within or into this state.
(2) Such person shall apply for and obtain
				from the commissioner a license authorizing the sale and distribution of
				commercial feed. The application for a license shall be accompanied by the fee
				hereinafter required and shall be on forms furnished by the commissioner which
				shall contain such information as is necessary for the issuance of the license.
				All licensing shall expire on December 31 of each year and shall be renewed
				annually as of January 1 upon the filing of an application and payment of the
				required license fee. The license fee shall be based upon the number of tons of
				commercial feed sold or distributed in this state during the preceding
				twelve-month period ending December 31. The amount of the license fee shall be
				based upon the following schedule:
TONS SOLD
LICENSE FEE
Less than 250 tons .................................. $ 35.00
				  250 tons or more but less than 500 tons ............. $ 75.00 500 tons or more
				  but less than 1,000 tons ........... $250.00 1,000 tons or more but less than
				  2,000 tons ......... $300.00
2,000 tons or more but less than 4,000 tons .........
				  $350.00
4,000 tons or more but less than 8,000 tons .........
				  $450.00
8,000 tons or more but less than 12,000 tons ........
				  $550.00
12,000 tons or more but less than 16,000 tons ....... $650.00
				  More than 16,000 tons ............................... $750.00
(3) An inspection fee at the rate of 25 cents
				per ton shall be paid on commercial feeds by every person who distributes the
				commercial feed in this state. Nothing in this rule shall affect the exemptions
				and exceptions found in §
									2-21-24(a),
				§
									2-21-24(a)(1),
				and §
									2-21-24(a)(2) of the
Code of Ala. 1975
. In the case of a commercial
				feed distributed in this state in packages or containers of ten pounds or less,
				an annual fee of $75.00 per product shall be paid the commissioner in lieu of
				the inspection fee specified herein for individuals or entities whose annual
				gross sales in Alabama exceed $250,000.00 annually or $1,000,000.00 overall.
				For individuals or entities whose gross sales are $250,000.00 or less in
				Alabama and $1,000,000.00 or less overall, the fee paid per product shall be
				$50.00.
(4) The brand or product
				name must be appropriate for the intended use of the feed and must not be
				misleading. If the name indicates the feed is made for a specific use, the
				character of the feed must conform therewith. A mixture labeled Dairy Feed, for
				example, must be suitable for that purpose.
(5) Commercial, registered brand or trade
				names are not permitted in guarantees or ingredient listings and only in the
				product name of feeds produced by or for the firm holding the rights to such a
				name.
(6) The name of a commercial
				feed shall not be derived from one or more ingredients of a mixture to the
				exclusion of other ingredients and shall not be one representing any components
				of a mixture unless all components are included in the name, provided that if
				any ingredient or combination of ingredients is intended to impact a
				distinctive characteristic to the product which is of significance to the
				purchaser, the name of that ingredient or combination of ingredients is
				quantitatively guaranteed in the guaranteed analysis, and the brand or product
				name is not otherwise false or misleading.
(7) The word protein shall not be permitted
				in the product name of a feed that contains added nonprotein
				nitrogen.
(8) When the name carries
				a percentage value, it shall be understood to signify protein and/or equivalent
				protein content only, even though it may not explicitly modify the percentage
				with the word protein, provided that other percentage values may be permitted
				if they are followed by the proper description and conform to good labeling
				practice. Digital numbers shall not be used in such a manner as to be
				misleading or confusing to the customer.
(9) Single ingredient feeds shall have a
				product name in accordance with the designated definition of feed
				ingredients.
(10) The word vitamin,
				or a contraction thereof, or any word suggesting vitamin can be used only in
				the name of a feed which is represented to be a vitamin supplement, and which
				is labeled with the minimum content of each vitamin declared, as specified in
				Rule
				80-1-5-.06(3).
(11) The term mineralized shall not be used
				in the name of a feed except for TRACE MINERALIZED SALT. When so used, the
				product must contain significant amounts of the trace minerals which are
				recognized as essential for animal nutrition.
(12) The term meat and meat by-products shall
				be qualified to designate the animal from which the meat and meat by-products
				is derived unless the meat and meat by-products are made from cattle, swine,
				sheep and goats.
Authors:
Charles H. Barnes, John P.
					 Hagood
Statutory
Authority:
Code of Ala. 1975
, §§
											2-21-19,
					 2-21-24,
					 2-21-25.