West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-7 - Labeling

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The following
				information must appear in its entirety on one side of commercial feed labels,
				except customer-formula feeds, or on one side of the container of any
				commercial feed. Examples of labeling for a few animal classes are set forth in
				Appendices 3, 5, 7, 9, 11, and 14 of this rule.
7.1.a. The quantity statement;
7.1.b. The product name, including brand
				name, if any, under which the commercial feed is distributed;
7.1.b.1. The guarantor shall use a brand or
				product name that is appropriate for the intended use of the feed and that is
				not misleading. If the name indicates the feed is made for a specific use, the
				character of the feed shall conform with the specific use. A commercial feed
				for a particular animal class shall be suitable for that purpose. A commercial
				feed labeled "Dairy Feed," for example, shall be suitable for that
				purpose.
7.1.b.2. The guarantor
				shall not use a commercial, registered brand or trade name in any guarantee or
				ingredient listings but may use a commercial, registered brand or trade name in
				the product name of feeds produced by or for the firm holding the rights to the
				name.
7.1.b.3. The guarantor shall
				not derive the name of a commercial feed from one or more ingredients of a
				mixture to the exclusion of other ingredients. The name of a commercial feed
				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 impart a distinctive characteristic to the product
				which is of significance to the purchaser, the name of that ingredient or
				combination of ingredients may be used as a part of the brand name or product
				name if the ingredients or combination of ingredients is quantitatively
				guaranteed in the guaranteed analysis, and the brand or product name is not
				otherwise false or misleading.
7.1.b.4. The guarantor shall not use the word
				"protein" in the product name of a feed that contains added non-protein
				nitrogen.
7.1.b.5. 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 the guarantor may use other
				percentage values if they are followed by the proper description and conform to
				good labeling practice. In no case shall the guarantor use numbers in the name
				of the product in a manner that is misleading or confusing to the
				customer.
7.1.b.6. The guarantor
				shall use a name for a single ingredient feed that is in accordance with the
				name of the product designated in the Official Names and Definition of Feed
				Ingredients, as incorporated by reference in section 2 of this rule, unless the
				commissioner allows otherwise.
7.1.b.7. The guarantor may use the word
				"vitamin," or a contraction thereof, or any word suggesting a vitamin only in
				the name of a commercial feed which is represented to be a vitamin supplement,
				and which is labeled with the minimum content of each vitamin declared, as
				specified in subsection 8.3 of this rule.
7.1.b.8. The guarantor may not use the term
				"mineralized" in the name of a feed except for its use in the phrase "TRACE
				MINERALIZED SALT." When this phrase is used, the product must contain
				significant amounts of trace minerals which are recognized as essential for
				animal nutrition.
7.1.b.9. The
				guarantor shall qualify the terms "meat" and "meat by-products" to designate
				the animal from which the meat and meat by-products are derived unless the meat
				and meat by-products are made from cattle, swine, sheep or goats;
7.1.b.10. If the commercial feed consists of
				raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the
				principal display panel. (The blank space is to be completed by using the
				species of animal from which the raw milk is collected.)
7.1.c. The guaranteed analysis stating what
				the commissioner determines by rules is required to advise the user of the
				composition of the feed and any other necessary information to support claims
				made on the label. The substances or elements guaranteed shall be determinable
				by laboratory methods published by the association of official analytical
				chemists or by an acceptable method supplied by the guarantor.
7.1.c.1. When a guarantee is stated, the
				nutritional guarantee shall be in the following sequence - Crude Protein,
				Equivalent Crude Protein from Non-Protein Nitrogen, Amino Acids, Crude Fat,
				Crude Fiber, Acid Detergent Fiber, Neutral Detergent Fiber, Calcium,
				Phosphorus, Salt and Sodium. Other required and voluntary guarantees should
				follow in a general format so that the units of measure used to express
				guarantees (percentage, parts per million, International Units, etc.) are
				listed in a sequence that provides a consistent grouping of the units of
				measure. The required and voluntary guarantees for various animal classes or
				species are set forth in Appendices 2, 4, 6, 8, 10, 12, 13, 15, 16, 17, and 18
				of this rule, in consideration of the following exemptions:
7.1.c.1.A. A mineral guarantee for feed,
				excluding those feeds manufactured as complete feeds and for feed supplements
				intended to be mixed with grain to produce a complete feed for swine, poultry,
				fish, and veal and herd milk replacers, is not required when:
7.1.c.1.A.1. The feed or feed ingredient is
				not intended or represented or does not serve as a principal source of that
				mineral to the animal; or
7.1.c.1.A.2. The feed or feed ingredient is
				intended for non-food producing animals and contains less than 6.5% total
				mineral.
7.1.c.1.B.
				Guarantees for vitamins are not required when the commercial feed is neither
				formulated for nor represented in any manner as a vitamin supplement.
7.1.c.1.C. Guarantees for crude protein,
				crude fat, and crude fiber are not required when the commercial feed is
				intended for purposes other than to furnish these substances or they are of
				minor significance relating to the primary purpose of the product, such as drug
				premixes, mineral or vitamin supplements, and molasses.
7.1.c.1.D. Guarantees for microorganisms are
				not required when the commercial feed is intended for a purpose other than to
				furnish these substances or they are of minor significance relating to the
				primary purpose of the product, and no specific label claims are
				made.
7.1.c.1.E. The indication for
				animal class(es) and species is not required on single ingredient products if
				the ingredient is not intended, represented, or defined for a specific animal
				class(es) or species;
7.1.d. An ingredient statement, except that
				an ingredient statement is not required for single standardized ingredient
				feeds or when the statement is not in the interest of consumers. An ingredient
				statement shall include:
7.1.d.1. The common
				or usual name of each ingredient as officially defined in the current Official
				Publication of the Association of American Feed Control Officials;
7.1.d.2. Collective terms as defined in the
				annual Official Publication of the Association of American Feed Control
				Officials;
7.1.d.3. The common or
				usual name of substances generally recognized as safe (GRAS) as authorized by
				21 Code of Federal Regulations 570.30 revised April 1,2019 of the Federal Drug
				and Cosmetic Act as amended August, 1985;
7.1.d.4. The common or usual name of
				substances which are so common that they do not need a definition, have a
				substantially safe history, and no safety hazard is known to exist after
				consumption by a significant number of animals, including, but not limited to,
				salt and sugar; and
7.1.d.5. Other
				ingredients or additives that the commissioner, by rules, determines necessary.
7.1.d.5.A. Feed ingredients, collective terms
				for the grouping of feed ingredients, or appropriate statements as provided
				under the provisions of W. Va. Code §
												19-14-8(b)(4)
				shall include:
7.1.d.5.A.1. The name of each
				ingredient as defined in the Official Publication of the Association of
				American Feed Control Officials, by its common or usual name, or one approved
				by the Commissioner; and
7.1.d.5.A.2. Collective terms for the
				grouping of feed ingredients as defined in the Official Definitions of Feed
				Ingredients published in the Official publication of the Association of
				American Feed Control Officials in lieu of the individual ingredients; Provided
				that:
7.1.d.5.A.2.a. When a collective term
				for a group of ingredients is used on the label, individual ingredients within
				that group shall not be listed on the label; and
7.1.d.5.A.2.b. The manufacturer shall provide
				the feed control official, upon request, with a list of individual ingredients,
				within a defined group, that are or have been used at manufacturing facilities
				distributing in or into the state;
7.1.e. The name and principal
				mailing address of the manufacturer or the distributor;
7.1.f. Adequate directions and precautionary
				statements for safe and effective use; and
7.1.g. If a drug or drug containing product
				is used, the label shall contain the following:
7.1.g.1. The established name of each active
				drug ingredient;
7.1.g.2. The level
				of each drug used in the final mixture;
7.1.g.3. The purpose of the medication (claim
				statement);
7.1.g.4. Appropriate
				cautions and warnings on the use of the commercial feed;
7.1.g.5. Withdrawal statements, if
				applicable; and
7.1.g.6. The word
				"medicated" directly following and below the product name in type size no
				smaller than one-half the type size of the product name.