Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 20-54 - Agricultural Resource Management › Chapter ATCP 42 - Commercial Feed › Subchapter VI - General Provisions › Section ATCP 42.52 - Adulteration and misbranding

Current through June 24, 2024
(1) ADULTERATION
				  AND MISBRANDING PROHIBITED. No person may sell or distribute in this state a
				  feed which is adulterated or misbranded.
(2) ADULTERATION; WHAT CONSTITUTES. A feed is
				  adulterated if any of the following apply:
(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.
(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:
1. A pesticide used
				  according to label directions on a raw agricultural commodity contained in the
				  feed.
2. A food additive that
				  complies with 40 CFR 180.
(c) A raw agricultural commodity in the feed
				  contains the residue of a pesticide that is unsafe within the meaning of
				  21
				  USC 346 a, unless all of the following apply:
1. The pesticide chemical was applied to the
				  raw agricultural commodity according to an exemption or tolerance under
				  21
				  USC 346 a.
2. The raw agricultural commodity has been
				  processed by canning, cooking, freezing, dehydrating, milling, or other
				  processing procedures.
3. The
				  pesticide residue has been removed from the raw agricultural commodity to the
				  greatest extent possible with good manufacturing practices.
4. The pesticide residue concentration in the
				  feed does not exceed the tolerance prescribed for that pesticide in the raw
				  agricultural commodity.
(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).
(e) The feed contains any food additive which
				  is unsafe within the meaning of
				  21 USC
				  348.
(f) The feed contains any color additive
				  which is unsafe within the meaning of
				  21 USC
				  379e.
(g) The feed contains any new animal drug
				  which is unsafe within the meaning of
				  21 USC
				  360b.
(h) A drug, special purpose additive, or
				  non-nutritive additive is added to the feed in violation of s.
				  ATCP
				  42.50.
(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.
(j) The composition or
				  quality of the feed falls below or differs from that represented on the feed
				  labeling.
(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.
(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:
1. An amount which
				  is unavoidably present, notwithstanding the use of best commercial feed
				  manufacturing practices.
2. One
				  one-hundredth of one percent by weight of feed.
(m) The feed contains any germitive weed
				  seeds, other than wild buckwheat seeds, in an amount greater than either of the
				  following, unless the presence and guaranteed maximum amount of those germitive
				  weed seeds is clearly stated on the feed label:
1. An amount which is unavoidably present,
				  notwithstanding the use of best commercial feed manufacturing
				  practices.
2. One fourth of one
				  percent by weight of feed.
(n) The feed is a mineral supplement or
				  additive, intended for any of the following classes of animals, which contains
				  fluorine in excess of any of the following amounts:
1. For breeding or dairy cattle,
				  0.20%.
2. For slaughter cattle,
				  0.30%.
3. For sheep,
				  0.30%.
4. For lambs,
				  0.35%.
5. For poultry,
				  0.45%.
(o) The feed,
				  when used in normal feeding according to label directions, raises the fluorine
				  content of the total ration, excluding roughage, above the following amounts
				  for the following classes of animals:
1. For
				  breeding or dairy cattle, 0.004%.
2. For slaughter cattle, 0.009%.
3. For sheep, 0.006%.
4. For lambs, 0.01%.
5. For swine, 0.015%.
6. For poultry, 0.03%.
(p) The feed, when fed directly to cattle,
				  sheep, or goats consuming roughage with or without limited amounts of grain,
				  results in a daily fluorine intake of more than 50 milligrams of fluorine per
				  100 pounds of body weight.
(q) The
				  feed contains soybean or vegetable meal, flakes, or pellets extracted with
				  trichlorethylene or other chlorinated solvents.
(r) Sulfur dioxide, sulfurous acid, or salts
				  of sulfurous acid are used in manufacturing a feed which is represented as a
				  significant source of vitamin B1 (Thiamine).
(s) The feed contains an organic ingredient,
				  such as humus, peat, sphagnum moss, or sawdust, that has little or no feeding
				  value.
(t) The feed is
				  manufactured, packaged, or held under unsanitary conditions which may
				  contaminate it with filth or make it injurious to health.