reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				The following documents are adopted in their entirety:
2.1.a. Except where otherwise provided, the
				terms and definitions adopted by the Association of American Feed Control
				Officials in the 2021 edition of the annual Official Publication of the
				Association of American Feed Control Officials, Incorporated;
2.1.b. Official Pet Food Regulations as
				published in the 2021 edition of the Official Publication of the Association of
				American Feed Control Officials, Incorporated;
2.1.c. Title 21 Code of Federal Regulations
				Section 589.2000, Animal proteins prohibited in ruminant feed; Title 21 Code of
				Federal Regulations Section 589.2001 Cattle materials prohibited in animal food
				or feed to prevent the transmission of bovine spongiform
				encephalopathy.
2.1.d. Federal
				Food, Drug, and Cosmetic Act (August 1985), Sections 360(b), 406, 408(a), 409,
				501(a)(2)(B) and 501(a)(6), 504, 512(a)(2), 701, 704, 706, also known as 21
				United States Code;
2.1.e. Title 21
				Code of Federal Regulations, Parts 1.20-1.23, Subpart L (1.500-1.514, Subpart M
				(1.600-1.695), and Subpart O (1.900-1.934), 7.1-7.13, 7.40-7.59, 70.20-70.25,
				73.1-73.615, 74.101-74.706, 81, 82.3-82.706
,
225, 226,
				500.23, 500.24, 500.29, 500.45, 500.50, 500.80-500.92, 501, 507, 509, 510, 558,
				570, 573, 579, 582, 584, and 589 et seq. (April 1, 1990) adopted pursuant to
				the Federal Food, Drug, and Cosmetic Act (August 1985);
2.1.f. Title 40 Code of Federal Regulations
				Parts 185 and 186 et seq. (July 1, 1990) adopted pursuant to the Federal Food,
				Drug, and Cosmetic Act (August 1985); and
2.1.g. Federal Virus, Serum and Toxins Act of
				1913 as amended December 23, 1985, also known as 21 United States Code
				151-159.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-3 - Definitions and Terms

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				"Electronic Announcements" means computer internet, telephone, facsimile,
				television and or radio advertisement sales.
3.2. "Unofficial Sample" means a samplethat
				has not been collected by the commissioner via the agency's policy and
				procedures. These samples typically serve as informational only and can help to
				determine or eliminate a suspected cause of adulteration, injury, or
				death.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-4 - Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All persons
				distributing or using commercial feed, including retailers, wholesalers,
				jobbers and brokers are equally responsible for full compliance with the
				provisions of W. Va. Code §19- 14-1 et seq. Any person who has in his or
				her possession any unlawful commercial feed is responsible for complying with
				the law, including registering the commercial feed, paying the tonnage fee,
				labeling the commercial feed and complying with any other legal requirement, if
				not met by another person.
4.2. The
				following persons shall also comply with all provisions of W. Va. Code §
									19-14-1 et seq.
				and this rule:
4.2.a. Each person who sells or
				intends to sell commercial feed directly to a purchaser located within this
				state via mail-order catalog or electronic announcements used in promoting the
				sale of feed;
4.2.b. Each person
				who travels out of this state to purchase commercial feed for distribution or
				resale within this state; and
4.2.c. Each person who contacts a final
				purchaser located within this state, either verbally or in writing, to sell
				commercial feed.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-5 - Permits; Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Commercial Feed Manufacturing Permit.
5.1.a.
				Each manufacturer of commercial feed, including customer-formula feed, within
				the state, subject to the provisions of W. Va. Code §
										19-14-5(c),
				shall complete a "Commercial Feed Manufacturing Permit" application with the
				following information: the corporate or company name; its location; the mailing
				address; the phone number; the manager's name; the owner's name; and any other
				information relevant to the manufacture of any commercial feed requested by the
				commissioner in order to carry out the provisions of W. Va. Code §
										19-14-1 et seq.
				or this rule. The manufacturer or his or her authorized representative shall
				sign and date the "Commercial Feed Manufacturing Permit" application under
				sworn statement. The application shall be accompanied by the fee set forth in
				Appendix Number 1 - Fees of This Rule.
5.1.b. The fee paid by a
				manufacturer/guarantor is nonrefundable except if the commissioner refuses the
				application for a Commercial Feed Manufacturing Permit.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-6 - Tonnage Reports and Inspection Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each person required in W. Va. Code
				§
									19-14-9(a)
				to file semi-annual tonnage reports, shall file the reports accompanied by an
				inspection fee at the rate of thirty-five cents per ton on commercial feed and
				feed ingredients with a minimum inspection fee of twenty-five dollars for each
				semi-annual statement
,
whichever is greater.
6.2. Inspection fees due but not remitted to
				the commissioner within fifteen calendar days following the due date of each
				semi-annual tonnage report shall be assessed a penalty of ten percent of the
				inspection fee due, in addition to the inspection fee due.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-8 - Expression of Guarantees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				guarantees for crude protein, equivalent crude protein from non-protein
				nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and
				other fiber indicators shall be in terms of percentage.
8.2. Mineral Guarantees shall be included as
				part of the label;
8.2.a. When calcium, salt,
				and sodium guarantees are given in the guaranteed analysis they shall be stated
				and conform to the following:
8.2.a.1. When
				the minimum is below 2.5%, the maximum shall not exceed the minimum by more
				than 0.5 percentage point;
8.2.a.2.
				When the minimum is 2.5 % but less than 5.0%, the maximum shall not exceed the
				minimum by more than one percentage point; and
8.2.a.3. When the minimum is above 5.0% or
				greater the maximum shall not exceed the minimum by more than 20% of the
				minimum and in no case shall the maximum exceed the minimum by more than five
				percentage points.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-9 - Substantiation of Nutritional Suitability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A commercial feed, other than a
				customer-formula feed, shall be nutritionally suitable for its intended purpose
				as represented by its labeling.
9.2. If the commissioner has reasonable cause
				to believe a commercial feed is not nutritionally suitable, the commissioner
				may request the feed manufacturer to either submit an "Affidavit of
				Suitability" or an alternative procedure acceptable to the commissioner,
				certifying the nutritional adequacy of the feed. The Affidavit of Suitability
				or alternative procedure of suitability shall serve as substantiation of the
				suitability of the feed.
9.3. If an
				Affidavit of Suitability, or alternative procedure acceptable to the
				commissioner is not submitted by the feed manufacturer within 30 days of
				written notification, the commissioner may consider the feed adulterated under
				W. Va. Code §
									19-14-10
				and order the feed removed from the marketplace.
9.4. The Affidavit of Suitability shall
				contain the following information:
9.4.a. The
				feed company's name;
9.4.b. The
				feed's product name;
9.4.c. The
				name and title of the affiant submitting the document;
9.4.d. A statement that the affiant has
				knowledge of the nutritional content of the feed and based on valid scientific
				evidence the feed is nutritionally adequate for its intended purpose;
9.4.e. The date of submission; and
9.4.f. The signature of the affiant notarized
				by a certified Notary Public.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-10 - Ingredients

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The name of
				each ingredient or collective term for the grouping of ingredients, when
				required to be listed, shall be the name as defined in the Official Definitions
				of Feed Ingredients as published in the Official Publication of the Association
				of American Feed Control Officials, the common or usual name, or one approved
				by the commissioner.
10.2. The name
				of each ingredient shall be shown in letters or type of the same
				size.
10.3. No reference to quality
				or grade of an ingredient shall appear in the ingredient statement of a
				feed.
10.4. The term "dehydrated"
				may precede the name of any product that has been artificially dried.
10.5. A single ingredient product defined by
				the Association of American Feed Control Officials is not required to have an
				ingredient statement.
10.6.
				Tentative definitions for ingredients shall not be used until adopted as
				official in the Official Publication of the Association of American Feed
				Control Officials, Incorporated, unless no official definition exists or the
				ingredient has a common accepted name that requires no definition,
				(i.e.sugar).
10.7. When the word
				"iodized" is used in connection with a feed ingredient, the feed ingredient
				shall contain not less than 0.007% iodine, uniformly distributed.
10.8. Each carrier shall be listed in the
				ingredient statement on the label unless it meets the criteria for an
				incidental ingredient, as that term is defined in
				21 CFR
				501.100(a)(3).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-11 - Directions for Use and Precautionary Statements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Directions for use and precautionary
				statements on the labeling of all commercial feeds and customer-formula feeds
				containing additives (including drugs, special purpose additives, or
				non-nutritive additives) shall:
11.1.a. Be
				adequate to enable safe and effective use for the intended purposes by users
				with no special knowledge of the purpose and use of such articles;
				and,
11.1.b. Include, but not be
				limited to, all information described by all applicable regulations under the
				Federal Food, Drug and Cosmetic Act.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-12 - Non-Protein Nitrogen

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Urea
				and other non-protein nitrogen products defined in the Official Publication of
				the Association of American Feed Control Officials are acceptable ingredients
				only in commercial feeds for ruminant animals as a source of equivalent crude
				protein. If the commercial feed contains more than 8.75% of equivalent crude
				protein from all forms of non-protein nitrogen, added as such, or if the
				equivalent crude protein from all forms of non-protein nitrogen, added as such,
				exceeds one third of the total crude protein, the label shall bear adequate
				directions for the safe use of feeds and a precautionary statement: "CAUTION:
				USE AS DIRECTED." The directions for use and the precautionary statement shall
				be in type of such size so placed on the label that they will be read and
				understood by an ordinary person under customary conditions of purchase and
				use.
12.2. Non-protein nitrogen
				defined in the Official Publication of the Association of American Feed Control
				Officials, when indicated, are acceptable ingredients in commercial feeds
				distributed to non-ruminant animals as a source of nutrients other than
				equivalent crude protein. The maximum equivalent crude protein from non-protein
				nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of
				the total daily ration.
12.3. On
				labels, such as those for medicated feeds which bear adequate feeding
				directions and/or warning statements, the presence of added non-protein
				nitrogen shall not require a duplication of the feeding directions or the
				precautionary statements as long as those statements include sufficient
				information to ensure the safe and effective use of the product due to the
				presence of non-protein nitrogen.
12.4. Feeding or use directions for those
				feeds in which more than 50% of the protein content is derived from non-protein
				nitrogen sources should include recommendations as to providing adequate
				supplies of drinking water, sources of energy, forages being fed, minerals,
				adaptation ("warm-up") periods and stress conditions when necessary.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-13 - Drug and Feed Additives

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commissioner may require a distributor to submit evidence to prove the safety
				and efficacy of a commercial feed when used according to the directions
				furnished on the label, before granting approval of a registration application
				and/or approval of a label for commercial feed which contain additives
				(including drugs, other special purpose additives, or non-nutritive
				additives).
13.2. Satisfactory
				evidence of safety and efficacy of a commercial feed may be:
13.2.a. When the commercial feed contains
				additives, the use of which conforms to the requirements of the applicable
				regulation in the Code of Federal Regulations, Title 21, or which are "prior
				sanctioned" or "informal review sanctioned" or "generally recognized as safe"
				for that use;
13.2.b. When the
				commercial feed is itself a drug defined in W. Va. Code §
										19-14-2(j)
				and is generally recognized as safe and effective for the labeled use or is
				marketed subject to an application approved by the Food and Drug Administration
				under Title
				21 U.S.C.
				360 b;
13.2.c. When one of the purposes for feeding
				a commercial feed is to impart immunity (that is to act through some
				immunological process) the constituents imparting immunity have been approved
				for the purpose through the Federal Virus, Serum and Toxin Act of 1913, as
				amended;
13.2.d. When the
				commercial feed is a direct fed microbial product and:
13.2.d.1. The product meets the particular
				fermentation product definition;
13.2.d.2. The microbial content statement, as
				expressed in the labeling, is limited to the following: "Contains a source of
				live (viable) naturally occurring microorganisms." This statement shall appear
				on the label; and
13.2.d.3. The
				source is stated with a corresponding guarantee expressed in accordance with
				subsection 8.7 of this rule; and
13.2.e. When the commercial feed is an enzyme
				product and;
13.2.e.1. The product meets the
				particular enzyme definition defined by the Association of American Feed
				Control Officials; and
13.2.e.2.
				The enzyme is stated with a corresponding guarantee expressed in accordance
				with subsection 8.8 of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-14 - Adulteration

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A commercial
				feed is adulterated:
14.1.a. If it bears or
				contains any poisonous or deleterious substance which may render it injurious
				to animal or human health; but in the case where the substance is not an added
				substance, the commercial feed is not considered adulterated under this
				subsection if the quantity of the substance in the commercial feed does not
				ordinarily render it injurious to health;
14.1.b. For the purpose of W. Va. Code §
										19-14-10,
				the terms "poisonous" or "deleterious" substances include but are not limited
				to the following:
14.1.b.1. Fluorine and any
				mineral or mineral mixture which is to be used directly for the feeding of
				domestic animals and in which the fluorine exceeds 0.20% for breeding and dairy
				cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for
				swine; and 0.60% for poultry;
14.1.b.2. Fluorine bearing ingredients when
				used in such amounts that they raise the fluorine content of the total ration
				(exclusive of roughage) above the following amounts: 0.004% for breeding and
				dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs;
				0.015% for swine and 0.03% for poultry;
14.1.b.3. Fluorine bearing ingredients
				incorporated in any feed that is fed directly to cattle, sheep or goats
				consuming roughage (with or without) limited amounts of grain, that results in
				a daily fluorine intake in excess of 50 milligrams of Fluorine per 100 pounds
				of body weight;
14.1.b.4. Soybean
				meal, flakes or pellets or other vegetable meals, flakes or pellets which have
				been extracted with trichlorethylene or other chlorinated solvents;
14.1.b.5. Sulfur dioxide, Sulfurous acid, and
				salts of Sulfurous acid when used in or on feeds or feed ingredients which are
				considered or reported to be a significant source of vitamin B1 (Thiamine);
				and
14.1.b.6. Raw leather residue
				from tanning or leather manufacturing.
14.1.c. If it contains any viable weed seeds
				in screenings or by-products of grains and seeds containing weed seeds when the
				product is used in commercial feed or sold as a single ingredient feed.
				Products containing viable weed seed shall be ground fine enough or otherwise
				treated to destroy the viability of weed seeds prior to distribution.;
				or
14.1.d. If it contains a drug
				and the methods used in or the facilities or controls used for its manufacture,
				processing, or packaging do not conform to current good manufacturing practices
				to assure the drug meets the requirements of W. Va. Code §
										19-14-10
				and of this section as to safety and has the identity and strength and meets
				the quality and purity characteristics which it purports or is represented to
				possess.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-15 - Laboratory Services

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The
				commissioner shall make available laboratory facilities for the analysis of
				feed, hay, grass or silage samples for interested persons on a non-official
				basis.
15.2. Charges for
				non-official tests are set forth by the commissioner.
15.3. The commissioner shall not charge a
				person for an official sample taken by the commissioner in the course of
				carrying out the powers and duties under W. Va. Code §
									19-14-3
				of this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-16 - Powers and Duties of the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. When sample collection by the
				commissioner destroys the salability of the product (for example, when an
				entire package must be collected for analysis), the commissioner shall offer to
				pay the retailer an amount not more than the wholesale cost of that product to
				that retailer.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-17 - Enforcement Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. First
				Notice -- If a commercial feed sample does not conform to W. Va. Code §
									19-14-1 et seq.
				or this rule, the commissioner shall issue a first notice to the guarantor of
				the commercial feed.
17.2. Second
				Notice -- If a commercial feed sample does not conform to W. Va. Code §
									19-14-1 et seq.
				or this rule, subsequent to the assessment of a first notice, the commissioner
				shall issue a second notice to the guarantor of the commercial feed.
17.3. Third Notice -- If a commercial feed
				sample does not conform to W. Va. Code §
									19-14-1 et seq.
				or this rule, subsequent to the assessment of a second notice, the commissioner
				shall issue a third notice to the guarantor of the commercial feed. The
				commissioner shall also issue a general embargo order to the registrant that
				shall require him or her to remove all lots of that commercial feed from sale
				and distribution within the state until the embargo is released.
17.4. If a resample indicates that the
				commercial feed is in compliance with W. Va. Code §
									19-14-1 et seq.
				and this rule, then the Commissioner shall cancel all previous notices of
				violations for that commercial feed.
17.5. The commissioner may take other action
				as considered necessary in order to carry out the provisions of W. Va. Code
				§
									19-14-1 et seq.
				and this rule.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-18 - Good Manufacturing Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. For the purposes of enforcement of W.
				Va. Code §
									19-14-10
				and of section 14 of this rule, the commissioner adopts the following
				regulations as current good manufacturing practices:
18.1.a. The regulations prescribing good
				manufacturing practices for Type B and Type C medicated feeds as published in
				the Code of Federal Regulations, Title 21, Part 225, Sections 225.1-225.202
				(2014); and
18.1.b. The regulations
				prescribing good manufacturing practices for Type A Medicated Articles as
				published in the Code of Federal Regulations, Title, 21, Part 226, Sections
				226.1-226.115 (2007).
18.1.c. The
				re-use of bags or totes used for commercial feeds (including customer-formula
				feed) is permitted if bags or totes are appropriately cleaned, as approved by
				the WVDA, so that the re-use of the bags or totes shall not cause adulteration
				of the feed. A feed manufacturer that intends to re-use bags or totes shall
				document its cleanout procedures.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-19 - Certain Mammalian Proteins Prohibited in Ruminant Feed

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Pursuant to W. Va. Code §
									19-14-10(a),
				the commissioner adopts the requirements of Title 21, Code of Federal
				Regulations, 589.2001 (2016).
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Section 61-5-20 - Penalties for Violative Samples

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The commissioner shall assess a penalty
				each time a lot of commercial feed is found to be in violation of this
				rule.
20.2. The amount of the
				penalty for each violation shall be 10% of the retail value of the lot of
				commercial feed.
20.3. The minimum
				penalty under any of the foregoing provisions shall be twenty-five dollars
				($25.00).
20.4. Violative Penalty
				fees due but not remitted to the commissioner within fifteen calendar days
				following the due date shall be assessed a late penalty of ten percent of the
				violative penalty fee in addition to that fee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 1

Current through Register Vol. XLI, No. 28, July 12, 2024
FEES OF THIS RULE
TYPE OF FEE
SECTION REFERENCE
FEE
REGISTRATION
Commercial Feed Manufacturing Permit
5.1
$50.00
ANNUAL RENEWAL - Expires December 31 next, following
							 issue
Commercial Feed Distributor Permit
5.2
$30.00
ANNUAL RENEWAL - Expires December 31 next, following
							 issue
Commercial Feed Guarantor Permit
5.3
$500.00
ANNUAL RENEWEL - Expires December 31 next, following
							 issue
Registration - Pet food, in packages over ten pounds
							 or bulk.
5.4
$50.00 + $50.00 Spay Neuter Total $100
REGISTERED ANNUALLY
Expires August 31 next, following issue. Fee is per
							 each product.
$50.00 will be added for the WV Spay Neuter
							 Assistance Fund until June 30, 2027.
Registration - Pet food in packages of ten pounds and
							 under.
5.4
$40.00 + $35.00 Spay Neuter Total $75.00
REGISTERED ANNUALLY
Expires December 31 next, following issue. Fee is per
							 each product.
$35.00 will be added for the WV Spay Neuter
							 Assistance Fund until June 30, 2027
Registration - Specialty pet food.
5.4
$40.00
REGISTERED ANNUALLY
Expires December 31 next, following issue. Fee is per
							 each product.
Late Penalty
5..5
$100.00
Added to the fee for all permits or registrations
							 that are not applied for or renewed within the time limit.
Tonnage Fees
6.1
$25.00 or $0.35/tonwhichever is greater
Each person required in W.Va. Code §
													19-14-9(c)
							 to file semi-annual tonnage reports
Inspection Fees Late Penalty
6.2
10% of inspection fee due
Inspection fees due but not remitted to the
							 commissioner within fifteen calendar days following the due date of each
							 semi-annual tonnage report
Violative Penalty on Samples
20.2
&
20.3
10% of retail value of the lot or $25 whichever is
							 larger
The amount of the penalty for each violation shall be
							 10% of the retail value of the lot of commercial feed.
The minimum penalty under any of the foregoing
							 provisions shall be twenty-five dollars ($25.00).
Late Penalty on Violative Penalty Fees
20.4
10% of penalty due
Violative Penalty fees due but not remitted to the
							 commissioner within fifteen calendar days following the due date shall be
							 assessed a late penalty of ten percent of the violative penalty fee in addition
							 to the original penalty fee.
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 2

Current through Register Vol. XLI, No. 28, July 12, 2024
Required guarantees for
swine
formula feeds
a. Animal Classes
(1) Pre-Starter - 2 to 11 pounds
(2) Starter - 11 to 44 pounds
(3) Grower - 44 to 110 pounds
(4) Finisher - 110 to market weight
(5) Gilts, Sows and Adult Boars
(6) Lactating Gilts and Sows
b. Guaranteed Analysis for Swine Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Lysine
(3) Minimum percentage of Crude Fat
(4) Maximum percentage of Crude Fiber
(5) Minimum and maximum percentage of Calcium
(6) Minimum percentage of Phosphorus
(7) Minimum and maximum percentage of Salt (if
							 added)
(8) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(9) Minimum Selenium in parts per million
							 (ppm)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 4

Current through Register Vol. XLI, No. 28, July 12, 2024
Required guarantees for Formula
							 Poultry Feeds (Broilers, Layers and Turkeys)
(a) Animal Classes
(1) Layer - Chickens that are grown to Produce eggs
							 for food, e.g., table eggs
(a) Starting/Growing - From day of hatch to
							 approximately 10 weeks of age.
(b) Finisher - From approximately 10 weeks of age to
							 time first egg is produced. (Approximately 20 weeks of age)
(c) Laying - From time first egg is laid throughout
							 the time of egg production.
(d) Breeders - Chickens that produce fertile eggs for
							 hatch replacement layers to produce eggs for food, table eggs, from time first
							 egg is laid throughout their productive cycle.
(2) Broilers - Chickens that are grown for human
							 food.
(a) Starting/growing - From day of hatch to
							 approximately 5 weeks of age.
(b) Finisher - From approximately 5 weeks of age to
							 market, (42 to 52 days).
(c) Breeders - Hybrid strains of chickens whose
							 offspring are grown for human food, (broilers), any age and either sex.
(3) Broilers, Breeders - Chickens whose offspring are
							 grown for human food (broilers).
(a) Starting/Growing - From day of hatch until
							 approximately 10 weeks of age.
(b) Finishing - From approximately 10 weeks of age to
							 time first egg is produced, approximately 20 weeks of age.
(c) Laying - Fertile egg producing chickens
							 (broilers/roasters) from day of first egg throughout the time fertile eggs are
							 produced.
(4) Turkeys
(a) Starting/Growing - Turkeys that are grown for
							 human food from day of hatch to approximately 13 weeks of age (females) and 16
							 weeks of age (males).
(b) Finisher - Turkeys that are grown for human food,
							 females from approximately 13 weeks of age to approximately 17 weeks of age;
							 males from 16 weeks of age to 20 weeks of age, (or desired market
							 weight).
(c) Laying - Female turkeys that are producing eggs;
							 from time first egg is produced, throughout the time they are producing
							 eggs.
(d) Breeder - Turkeys that are grown to produce
							 fertile eggs, from day of hatch to time first egg is produced (approximately 30
							 weeks of age), both sexes.
(b) Guaranteed Analysis for Poultry Complete feeds
							 and Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Lysine
(3) Minimum percentage of Methionine
(4) Minimum percentage of Crude Fat
(5) Maximum percentage of Crude Fiber
(6) Minimum and maximum percentage of Calcium
(7) Minimum percentage of Phosphorus
(8) Minimum and maximum percentage of Salt (if
							 added)
(9) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 5

Current through Register Vol. XLI, No. 28, July 12, 2024
Poultry Complete & Supplement
							 Feeds
BLUE BIRD LAYER FEED
Complete Feed for Laying Chickens
Guaranteed Analysis
Crude Protein
							 (Min).............................................................15.0%
Lysine
							 (Min)..........................................................................0.65%
Methionine
							 (Min)......................................................................................0.35%
Crude Fat
							 (Min)...........................................................................................3.0%
Crude Fiber
							 (Max).......................................................................................3.5%
Calcium
							 (Min).............................................................................................3.4%
Calcium
							 (Max).............................................................................................4.4%
Phosphorus
							 (Min)........................................................................................0.6%
Salt
							 (Min)...................................................................................................0.35%
Salt
							 (Max)..................................................................................................0.50%
Ingredient Statement
Grain Products, Plant Protein Products, Processed
							 Grain By-Products, Animal Protein Products, Vitamin A Supplement, Vitamin
							 D3 Supplement, Vitamin E Supplement, Riboflavin
							 Supplement, Niacin Supplement, Calcium Pantothenate, Choline Chloride, Folic
							 Acid, Menadione Sodium Bisulfite Complex (source of Vitamin K Activity),
							 Methionine Supplement, Potassium Sulfate, Calcium Carbonate, Salt, Manganous
							 Oxide, Ferrous Sulfate, Copper Sulfate, Zinc Oxide, Ethylenediamine
							 Dihydriodide, Sodium Selenite.
Feeding Directions:
This is a complete and balanced ration. Feed Blue
							 Bird Layer Feed from time first egg is laid throughout the time of egg
							 production. Always provide plenty of fresh water.
Manufactured By:
Blue Bird Feed Mill
City, State, Zip
NET WT 50 LB (22.67 kg)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 6

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for Beef Cattle
							 Formula feeds.
a. Animal Classes
(1) Calves (birth to weaning)
(2) Cattle on Pasture (may be specific as to
							 production stage; e.g. stocker, feeder, replacement heifers, brood cows, bulls,
							 etc.)
(3) Feedlot Cattle
b. Guaranteed analysis for Beef Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Maximum percentage of equivalent crude protein
							 from Non-Protein Nitrogen (NPN) when added
(3) Minimum percentage of Crude Fat
(4) Maximum percentage of Crude Fiber
(5) Minimum and maximum percentage of Calcium
(6) Minimum percentage of Phosphorus
(7) Minimum and maximum percentage of Salt (if
							 added)
(8) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(9) Minimum percentage of Potassium
(10) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
c. Guaranteed analysis for Beef Mineral Feeds (if
							 added)
(1) Minimum and maximum percentage of Calcium
(2) Minimum percentage of Phosphorus
(3) Minimum and maximum percentage of Salt
(4) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(5) Minimum percentage of Magnesium
(6) Minimum percentage of Potassium
(7) Minimum Copper in parts per million (ppm)
(8) Minimum Selenium in parts per million
							 (ppm)
(9) Minimum Zinc in parts per million (ppm)
(10) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 8

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for
Dairy
Formula Feeds
a. Animal Classes
(1) Veal Milk Replacer
(2) Herd Milk Replacer
(3) Starter
Non-Lactating Dairy Cattle: Replacement Dairy
							 Heifers, Dairy Bulls and Dairy Calves
(4) Lactating Dairy Calves
(5) Dry Dairy Cows
b. Guaranteed Analysis for Veal and Herd Replacement
							 Milk Replacer
(1) Minimum percentage Crude Protein
(2) Minimum percentage Crude Fat
(3) Maximum percentage of Crude Fiber
(4) Minimum and Maximum percentage Calcium
(5) Minimum percentage of Phosphorus
(6) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
c. Guaranteed Analysis for Dairy Cattle Complete
							 Feeds and Supplements
(1) Minimum percentage of Crude Protein
(2) Maximum percentage of Equivalent Crude Protein
							 from Non-Protein Nitrogen (NPN)_ when added
(3) Minimum percentage of Crude Fat
(4) Maximum percentage if Crude Fiber
(5) Maximum percentage of Acid Detergent Fiber
							 (ADF)
(6) Minimum and Maximum percentage of Calcium
(7) Minimum percentage of Phosphorus
(8) Minimum Selenium in parts per million
							 (ppm)
(9) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
d. Required Guaranteed Analysis for Dairy Mixing and
							 Pasture Mineral (if added)
(1) Minimum and Maximum percentage of Calcium
(2) Minimum percentage of Phosphorus
(3) Minimum and maximum percentage of Salt
(4) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(5) Minimum percentage of Magnesium
(6) Minimum percentage of Potassium
(7) Minimum Selenium in parts per million
							 (ppm)
(8) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound_
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 10

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for Equine Formula
							 Feeds
a. Animal Classes
(1) Growing
(2) Broodmare
(3) Performance (Including Stallions)
(4) Maintenance
b. Guaranteed Analysis for Equine Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Crude Fat
(3) Maximum percentage of Crude Fiber
(4) Maximum percentage of Acid Detergent Fiber
							 (ADF)
(5) Maximum percentage of Neutral Detergent Fiber
							 (NDF)
(6) Minimum and maximum percentage of Calcium
(7) Minimum percentage of Phosphorus
(8) Minimum Copper in parts per million (ppm)
(9) Minimum Selenium in parts per million
							 (ppm)
(10) Minimum Zinc in parts per million (ppm)
(11) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
c. Guaranteed Analysis for Equine Mineral Feeds (all
							 animal classes)
(1) Minimum and maximum percentage of Calcium
(2) Minimum percentage of Phosphorus
(3) Minimum and maximum percentage of Salt (if
							 added)
(4) Minimum and maximum percentage of total Sodium
(5) Minimum Copper in parts per million (ppm) (if
							 added)
(6) Minimum Selenium in parts per million
							 (ppm)
(7) Minimum Zinc in parts per million (ppm)
(8) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 11

Current through Register Vol. XLI, No. 28, July 12, 2024
Equine Complete and Supplement
							 Feeds
BLUE BIRD 12% TEXTURED HORSE FEED
For Maintenance of Mature Horses
Guaranteed Analysis
Crude Protein
							 (Min)............................................................ 12.0%
Crude Fat
							 (Min)....................................................................
							 3.0%
Crude Fiber
							 (Max)..............................................................
							 12.0%
Calcium
							 (Min)......................................................................
							 1.0%
Calcium
							 (Max)..........................................................................................................................1.5%
Phosphorus
							 (Min).................................................................
							 1.0%
Copper
							 (Min).......................................................................................................20
							 ppm
Selenium
							 (Min)...................................................................................................................0.20
							 ppm
Zinc
							 (Min)...........................................................................................................40.ppm
Vitamin A
							 (Min).......................................................................................2,000.
							 IU/lb
Ingredient Statement
Grain Products, Plant Protein Products, Processed
							 Grain By-Products, Molasses Products, Roughage Products, Vitamin A Supplement,
							 Vitamin D3 Supplement, Vitamin E Supplement, Vitamin
							 B12 Supplement, Riboflavin Supplement, Pyridoxine
							 Hydrochloride, Folic Acid, Biotin, Thiamine, Calcium Carbonate, Salt, Dicalcium
							 Phosphate, Manganous Oxide, Ferrous Sulfate, Copper Sulfate, Magnesium Oxide,
							 Zinc Oxide, Ethylenediamine Dihydriodide, Cobalt Carbonate, Potassium Chloride,
							 Sodium Selenite.
Feeding Directions:
Feed ½ to 1 lb. of feed per 100 lbs. of body
							 weight for the maintenance of mature horses. Feed good quality hay at the rate
							 of 1 to 2 lbs. per 100 lbs. body weight daily. Provide fresh, clean water at
							 all times.
Important: Feed hay along with this ration, as per
							 directions.
Manufactured By:
Blue Bird Feed Mill
City, State, Zip
NET WT 50 LB (22.67 kg)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 12

Current through Register Vol. XLI, No. 28, July 12, 2024
Required guarantees for
Goats
Formula Feeds
a. Animal Classes
(1) Starter
(2) Grower
(3) Finisher
(4) Breeder
(5) Lactating
b. Guaranteed Analysis for Goat Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Maximum percentage of equivalent crude protein
							 from Non-Protein Nitrogen (NPN) when added
(3) Minimum percentage of Crude Fat
(4) Maximum percentage of Crude Fiber
(5) Maximum percentage of Acid Detergent Fiber
							 (ADF)
(6) Minimum and Maximum percentage of Calcium
(7) Minimum percentage of Phosphorus
(8) Minimum and maximum percentage of Salt (if
							 added)
(9) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee
(10) Minimum and maximum Copper in parts per million
							 (ppm) (if added)
(11) Minimum Selenium in parts per million
							 (ppm)
(12) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 13

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for
Sheep
Formula Feeds
a. Animal Classes
(1) Starter
(2) Grower
(3) Finisher
(4) Breeder
(5) Lactating
b. Guaranteed Analysis for Sheep Complete Feeds and
							 Supplements (all animal classes)
(1) Minimum percentage of Crude Protein
(2) Maximum percentage of equivalent crude protein
							 from Non-Protein Nitrogen (NPN) when added
(3) Minimum percentage of Crude Fat
(4) Maximum percentage of Crude Fiber
(5) Minimum and Maximum percentage of Calcium
(6) Minimum percentage of Phosphorus
(7) Minimum and maximum percentage of Salt (if
							 added)
(8) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when the total Sodium exceeds that furnished by the
							 maximum salt guarantee
(9) Minimum and maximum Copper in parts per million
							 (ppm) (if added, or if total copper exceeds 20 ppm)
(10) Minimum Selenium in parts per million
							 (ppm)
(11) Minimum Vitamin A, other than precursors of
							 Vitamin A, in International Units per pound (if added)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 14

Current through Register Vol. XLI, No. 28, July 12, 2024
Sheep Complete Feed and
							 Supplements
YOUR SHEEP FEED
For breeding ewes
Guaranteed Analysis
Crude Protein
							 (Min)............................................................ 15.0%
(This includes not more than 1.0% equivalent crude
							 protein from non-protein nitrogen)
Crude Fat
							 (Min)....................................................................
							 2.0%
Crude Fiber
							 (Max)........................................................................20.0%
Calcium
							 (Min)......................................................................
							 0.8%
Calcium
							 (Max)...............................................................................1.3%
Phosphorus
							 (Min).................................................................
							 0.35%
Salt (min)
							 .....................................................................................0.35%
Salt (max)
							 .....................................................................................0.85%
Copper
							 (Min)................................................................................5.0
							 ppm
Copper (Max)
							 .............................................................................10.0
							 ppm
Selenium (Min)
							 ............................................................................0.3
							 ppm
Vitamin A
							 (Min)...........................................................................2,000
							 IU/lb
Ingredient Statement
Grain Products, Plant Protein Products, Processed
							 Grain By-Products, Roughage Products, Ammonium Chloride, Vitamin A Supplement,
							 Cholecalciferol (source of Vitamin D3), Choline
							 Chloride, Biotin, Thiamine Mononitrate, Pyridoxine Hydrochloride, Vitamin E
							 Supplement, Copper Sulfate, Folic Acid, Ethoxyquin (a preservative), Calcium
							 Carbonate, Dicalcium Phosphate, Monocalcium Phosphate, Manganous Oxide, Zinc
							 Oxide, Ferrous Sulfate, Cobalt Carbonate, Potassium Chloride, Sodium
							 Selenite.
Feeding Directions:
Feed as sole source of grain to breeding ewes at the
							 rate of 2 to 3 pounds per head per day.
Caution: Use as directed. For sheep Only.
Manufactured By:
Your Name Feed Mill
City, State, Zip
NET WT 50 LB (22.67 kg)
West Virginia Code of State Rules › Agency 61 - Agriculture › Title 61 - LEGISLATIVE RULE DEPARTMENT OF AGRICULTURE › Series 61-05 - Commercial Feed › Appendix - Appendix Number 15

Current through Register Vol. XLI, No. 28, July 12, 2024
Required Guarantees for
Duck and
							 Geese
Formula Feeds.
a. Animal Classes
(1) Ducks
(a) Starter - 0 to 3 weeks of age
(b) Grower - 3 to 6 weeks of age
(c) Finisher - 6 weeks to market
(d) Breeder Developer - 8 to 19 weeks of age
(e) Breeder - 22 weeks to end of lay
(2) Geese
(a) Starter - 0 to 4 weeks of age
(b) Grower - 4 to 8 weeks of age
(c) Finisher - 8 weeks to market
(d) Breeder Developer - 10 to 22 weeks of age
(e) Breeder - 22 weeks to end of lay
b. Guaranteed Analysis for Duck and Geese Complete
							 Feeds and Supplements (for all animal classes)
(1) Minimum percentage of Crude Protein
(2) Minimum percentage of Crude Fat
(3) Maximum percentage of Crude Fiber
(4) Minimum and maximum percentage of Calcium
(5) Minimum percentage of Phosphorus
(6) Minimum and maximum percentage of Salt (if
							 added)
(7) Minimum and maximum percentage of total Sodium
							 shall be guaranteed only when total Sodium exceeds that furnished by the
							 maximum salt guarantee