Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 250.491-250.631
NECESSITY, FUNCTION, and CONFORMITY:
KRS
250.571(1) authorizes the
Director of the Agricultural Experiment Station to promulgate administrative
regulations necessary for the efficient enforcement of
KRS
250.491 to
250.631, regarding
commercial feeds.
KRS
250.521(1)(b) requires that
a commercial feed label contain a guaranteed analysis stated in terms the
director by administrative regulation determines are required to advise the
user of the composition of the feed or to support claims made in the labeling.
This administrative regulation establishes a uniform format for the nutritional
guarantees required as a part of the commercial feed label.
Section 1. The nutritional guarantees shall
be listed in the following order: crude protein, equivalent crude protein from
nonprotein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber,
neutral detergent fiber, calcium, phosphorus, salt, and sodium. Other
guarantees shall follow in a general format with the units of measure used to
express guarantees (percentage, parts per million, international units, etc.)
listed in a sequence that provides a consistent grouping of the units of
measure.
Section 2. Required
Guarantees for Swine Formula Feeds.
(1) The
animal classes for swine shall be:
(a)
Prestarter - two (2) to eleven (11) pounds;
(b) Starter - eleven (11) to forty-four (44)
pounds;
(c) Grower - forty-four
(44) to 110 pounds;
(d) Finisher -
110 pounds to market weight;
(e)
Gilts, sows, and adult boars; and
(f) Lactating gilts and sows.
(2) The guaranteed analysis for
swine complete feeds and supplements (all animal classes) shall include the:
(a) Minimum percentage of crude
protein;
(b) Minimum percentage of
lysine;
(c) Minimum percentage of
crude fat;
(d) Maximum percentage
of crude fiber or acid detergent fiber (ADF);
(e) Minimum and maximum percentage of
calcium;
(f) Minimum percentage of
phosphorus;
(g) Minimum and maximum
percentage of salt (if added);
(h)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee; and
(i) Minimum selenium in parts per million
(ppm).
Section
3. Required Guarantees for Formula Poultry Feeds (Chicken and
Turkey).
(1) The animal classes for layer
chickens that are grown to produce eggs for food shall be:
(a) Starting/ growing - from day of hatch to
approximately ten (10) weeks of age;
(b) Finisher - from approximately ten (10)
weeks of age to time first egg is produced (approximately twenty (20) weeks of
age);
(c) Laying - chickens from
time first egg is laid throughout the time of egg production; and
(d) Breeders - chickens that produce fertile
eggs to hatch replacement layers that produce eggs for food.
(2) The animal classes for broiler
chickens that are grown for human food shall be:
(a) Starting/ growing - from day of hatch to
approximately five (5) weeks of age;
(b) Finisher - from approximately five (5)
weeks of age to market, (forty-two (42) to fifty-two (52) days); and
(c) Breeders - hybrid strains of chickens
whose offspring are grown for human food (broilers), any age and either
sex.
(3) The animal
classes for breeder chickens whose offspring (broilers) are grown for human
food shall be:
(a) Starting/ growing - from
day of hatch until approximately ten (10) weeks of age;
(b) Finishing - from approximately ten (10)
weeks of age to time first egg is produced, approximately twenty (20) weeks of
age; and
(c) Laying - fertile egg
producing chickens (broilers/roasters) from day of first egg throughout the
time fertile eggs are produced.
(4) The animal classes for turkeys shall be:
(a) Starting/ growing - turkeys that are
grown for human food from day of hatch to approximately thirteen (13) weeks of
age (females) and sixteen (16) weeks of age (males);
(b) Finisher - turkeys that are grown for
human food, females from approximately thirteen (13) weeks of age to
approximately seventeen (17) weeks of age, males from sixteen (16) weeks of age
to twenty (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; and
(d) Breeder -
turkeys that are grown to produce fertile eggs, from day of hatch to time first
egg is produced (approximately thirty (30) weeks of age), both sexes.
(5) The guaranteed analysis for
poultry complete feeds and supplements (all animal classes) shall include the:
(a) Minimum percentage of crude
protein;
(b) Minimum percentage of
lysine;
(c) Minimum percentage of
methionine;
(d) Minimum percentage
of crude fat;
(e) Maximum
percentage of crude fiber or acid detergent fiber (ADF);
(f) Minimum and maximum percentage of
calcium;
(g) Minimum percentage of
phosphorus;
(h) Minimum and maximum
percentage of salt (if added); and
(i) Minimum and maximum percentage of total
sodium, if the total sodium exceeds that furnished by the maximum salt
guarantee.
Section
4. Required Guarantees for Beef Cattle Formula Feeds.
(1) The animal classes for beef cattle shall
be:
(a) Calves (birth to weaning);
(b) Cattle on pasture (may be specific as to
production stage; e.g., stocker, feeder, replacement heifers, brood cows,
bulls, etc.); and
(c) Feedlot
cattle.
(2) The
guaranteed analysis for beef complete feeds and supplements (all animal
classes) shall include the:
(a) Minimum
percentage of crude protein;
(b)
Maximum percentage of equivalent crude protein from non-protein nitrogen (if
added);
(c) Minimum percentage of
crude fat;
(d) Maximum percentage
of crude fiber or acid detergent fiber (ADF);
(e) Minimum and maximum percentage of
calcium;
(f) Minimum percentage of
phosphorus;
(g) Minimum and maximum
percentage of salt (if added);
(h)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee;
(i) Minimum percentage of potassium;
and
(j) Minimum vitamin A, other
than precursors of vitamin A, in international units per pound (if
added).
(3) The
guaranteed analysis for beef mineral feeds (if added) shall include the:
(a) Minimum and maximum percentage of
calcium;
(b) Minimum percentage of
phosphorus;
(c) Minimum and maximum
percentage of salt;
(d) Minimum and
maximum percentage of total sodium, if the total sodium exceeds that furnished
by the maximum salt guarantee;
(e)
Minimum percentage of magnesium;
(f) Minimum percentage of
potassium;
(g) Minimum copper in
parts per million (ppm);
(h) Minimum
selenium in parts per million (ppm);
(i) Minimum zinc in parts per million (ppm);
and
(j) Minimum vitamin A, other
than precursors of vitamin A, in international units per pound.
Section 5. Required
Guarantees for Dairy Formula Feeds.
(1) The
animal classes for dairy cattle shall be:
(a)
Veal milk replacer - milk replacer fed to calves for veal production;
(b) Herd milk replacer - milk replacer fed to
calves for herd replacement and other uses;
(c) Starter - calf from approximately three
(3) days to three (3) months of age;
(d) Non-lactating dairy cattle: replacement
dairy heifers, dairy bulls, and dairy calves;
(e) Lactating dairy cows; and
(f) Dry dairy cows.
(2) The guaranteed analysis for veal and herd
milk replacer shall include the:
(a) Minimum
percentage of crude protein;
(b)
Minimum percentage of crude fat;
(c) Maximum percentage of crude
fiber;
(d) Minimum and maximum
percentage of calcium;
(e) Minimum
percentage of phosphorus; and
(f)
Minimum vitamin A, other than precursors of vitamin A, in international units
per pound (if added).
(3) The guaranteed analysis for dairy cattle
complete feeds and supplements shall include the:
(a) Minimum percentage of crude
protein;
(b) Maximum percentage of
equivalent crude protein from non-protein nitrogen (NPN) (if added);
(c) Minimum percentage of crude
fat;
(d) Maximum percentage of
crude fiber;
(e) Maximum percentage
of acid detergent fiber (ADF);
(f)
Minimum and maximum percentage of calcium;
(g) Minimum percentage of
phosphorus;
(h) Minimum selenium in
parts per million (ppm); and
(i)
Minimum vitamin A, other than precursors of vitamin A, in international units
per pound (if added).
(4) The guaranteed analysis for dairy mixing
and pasture mineral (if added) shall include the:
(a) Minimum and maximum percentage of
calcium;
(b) Minimum percentage of
phosphorus;
(c) Minimum and maximum
percentage of salt;
(d) Minimum and
maximum percentage of total sodium, if the total sodium exceeds that furnished
by the maximum salt guarantee;
(e)
Minimum percentage of magnesium;
(f) Minimum percentage of
potassium;
(g) Minimum selenium in
parts per million (ppm); and
(h)
Minimum vitamin A, other than the precursors of vitamin A, in international
units per pound.
Section
6. Required Guarantees for Equine Complete Feeds and Supplements
(All Classes).
(1) The equine animal classes
shall be:
(a) Growing;
(b) Broodmare;
(c) Maintenance; and
(d) Performance (including
stallions).
(2) The
guaranteed analysis for equine complete feeds and supplements (all animal
classes) shall include the:
(a) Minimum
percentage of crude protein;
(b)
Minimum percentage of crude fat;
(c) Maximum percentage of crude
fiber;
(d) Maximum percentage of
Acid Detergent Fiber (ADF);
(e)
Maximum percentage of Neutral Detergent Fiber (NDF);
(f) Minimum and maximum percentage of
calcium;
(g) Minimum percentage of
phosphorus;
(h) Minimum copper in
parts per million (ppm) (if added);
(i) Minimum selenium in parts per million
(ppm);
(j) Minimum zinc in parts
per million (ppm); and
(k) Minimum
vitamin A, other than the precursors of vitamin A, in international units per
pound (if added).
(3)
The guaranteed analysis for equine mineral feed shall include the:
(a) Minimum and maximum percentage of
calcium;
(b) Minimum percentage of
phosphorus;
(c) Minimum and maximum
percentage of salt (if added);
(d)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee;
(e) Minimum copper in parts per million (ppm)
(if added);
(f) Minimum selenium in
parts per million (ppm);
(g)
Minimum zinc in parts per million (ppm); and
(h) Minimum vitamin A, other than the
precursors of vitamin A, in international units per pound (if added).
Section 7. Required
Guarantees for Goat Formula Feeds.
(1) The
animal classes for goats shall be:
(a)
Starter;
(b) Grower;
(c) Finisher;
(d) Breeder; and
(e) Lactating.
(2) The guaranteed analysis for goat complete
feeds and supplements (all animal classes) shall include the:
(a) Minimum percentage of crude
protein;
(b) Maximum percentage of
equivalent crude protein from non-protein nitrogen (NPN) (if added);
(c) Minimum percentage of crude
fat;
(d) Maximum percentage of
crude fiber;
(e) Maximum percentage
of acid detergent fiber;
(f)
Minimum and maximum percentage of calcium;
(g) Minimum percentage of
phosphorus;
(h) Minimum and maximum
percentage of salt (if added);
(i)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee;
(j) Minimum and maximum copper in parts per
million (ppm) (if added);
(k)
Minimum selenium in parts per million (ppm); and
(l) Minimum vitamin A, other than precursors
of vitamin A, in international units per pound (if added).
Section 8. Required Guarantees for
Sheep Formula Feeds.
(1) The animal classes
for sheep shall be:
(a) Starter;
(b) Grower;
(c) Finisher;
(d) Breeder; and
(e) Lactating.
(2) The guaranteed analysis for sheep
complete feeds and supplements (all animal classes) shall include the:
(a) Minimum percentage of crude
protein;
(b) Maximum percentage of
equivalent crude protein from non-protein nitrogen (NPN) (if added);
(c) Minimum percentage of crude
fat;
(d) Maximum percentage of
crude fiber or acid detergent fiber (ADF);
(e) Minimum and maximum percentage of
calcium;
(f) Minimum percentage of
phosphorus;
(g) Minimum and maximum
percentage of salt (if added);
(h)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee;
(i) Minimum and maximum copper in parts per
million (ppm) (if added, or total copper exceeds 20 ppm);
(j) Minimum selenium in parts per million
(ppm); and
(k) Minimum vitamin A,
other than precursors of vitamin A, in international units per pound (if
added).
Section
9. Required Guarantees for Ducks and Geese Formula Feeds.
(1) The duck animal classes shall be:
(a) Starter - zero to three (3) weeks of
age;
(b) Grower - three (3) to six
(6) weeks of age;
(c) Finisher -
six (6) weeks to market;
(d)
Breeder developer - eight (8) to nineteen (19) weeks of age; and
(e) Breeder - twenty-two (22) weeks to end of
lay.
(2) The geese
animal classes shall be:
(a) Starter - zero to
four (4) weeks of age;
(b) Grower -
four (4) to eight (8) weeks of age;
(c) Finisher - eight (8) weeks to
market;
(d) Breeder developer - ten
(10) to twenty-two (22) weeks of age; and
(e) Breeder - twenty-two (22) weeks to end of
lay.
(3) The guaranteed
analysis for duck and geese complete feeds and supplements (for all animal
classes) shall include the:
(a) Minimum
percentage of crude protein;
(b)
Minimum percentage of crude fat;
(c) Maximum percentage of crude fiber or acid
detergent fiber (ADF);
(d) Minimum
and maximum percentage of calcium;
(e) Minimum percentage of
phosphorus;
(f) Minimum and maximum
percentage of salt (if added); and
(g) Minimum and maximum percentage of total
sodium, if the total sodium exceeds that furnished by the maximum salt
guarantee.
Section
10. Required Guarantees for Fish Complete Feeds and Supplements.
(1) The following animal species shall be
declared in lieu of an animal class:
(a)
Trout;
(b) Catfish; and
(c) Species other than trout or
catfish.
(2) The
guaranteed analysis for all fish complete feeds and supplements shall include
the:
(a) Minimum percentage of crude
protein;
(b) Minimum percentage of
crude fat;
(c) Maximum percentage
of crude fiber or acid detergent fiber (ADF); and
(d) Minimum percentage of
phosphorus.
Section
11. Required Guarantees for Rabbit Complete Feeds and Supplements.
(1) The rabbit animal classes shall be:
(a) Grower - four (4) to twelve (12) weeks of
age; and
(b) Breeder - twelve (12)
weeks of age and over.
(2) The guaranteed analysis for rabbit
complete feeds and supplements (all animal classes) shall include the:
(a) Minimum percentage of crude
protein;
(b) Minimum percentage of
crude fat;
(c) Minimum and maximum
percentage of crude fiber or acid detergent fiber (ADF) (the maximum shall not
exceed the minimum by more than five (5.0) units);
(d) Minimum and maximum percentage of
calcium;
(e) Minimum percentage of
phosphorus;
(f) Minimum and maximum
percentage of salt (if added);
(g)
Minimum and maximum percentage of total sodium, if the total sodium exceeds
that furnished by the maximum salt guarantee; and
(h) Minimum vitamin A, other than precursors
of vitamin A, in international units per pound (if added).
Section 12. The required
guarantees of grain mixtures and formula feeds and ingredients that are not
specifically described in Sections 2 through 11 of this administrative
regulation, or exempted under Section 13 of this administrative regulation,
shall include the following items in the order listed:
(1) Minimum percentage of crude
protein;
(2) Minimum or maximum
percentage of equivalent crude protein from non-protein nitrogen (NPN) as
required in
12 KAR
2:021 (if added);
(3) Minimum percentage of crude
fat;
(4) Maximum percentage of
crude fiber or acid detergent fiber (ADF);
(5) Minerals in formula feeds in the
following order:
(a) Minimum and maximum
percentage of calcium;
(b) Minimum
percentage of phosphorus;
(c)
Minimum and maximum percentage of salt (if added);
(d) Minimum and maximum percentage of total
sodium, if the total sodium exceeds that furnished by the maximum salt
guarantee; and
(e) Other
minerals;
(6) Minerals
in feed ingredients as specified by the official definition of the Association
of American Feed Control Officials;
(7) Vitamins in the terms required by
12 KAR
2:021;
(8)
Total sugars as invert on dried molasses products or products being sold
primarily for their sugar content;
(9) Viable lactic acid producing
microorganisms if used in silage products and direct fed mi-crobial products
guaranteed in terms specified in
12 KAR
2:021; and
(10) If the item is a commercial feed (e.g.,
vitamin and mineral premix, base mix, etc.) intended to provide a specialized
nutritional source for use in the manufacture of other feeds, its intended
purpose and guarantee of those nutrients relevant to the stated
purpose.
Section 13.
Exemptions.
(1) 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, or veal and herd milk replacers, shall not be required if:
(a) The feed or feed ingredient is not
intended or represented or does not serve as a principle source of that mineral
to the animal; or
(b) The feed or
feed ingredient is intended for nonfood producing animals and contains less
than six and five-tenths (6.5) percent total mineral.
(2) Guarantees for vitamins shall not be
required if the commercial feed is neither formulated for nor represented as a
vitamin supplement.
(3) Guarantees
for crude protein, crude fat and crude fiber shall not be required if 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 a Type A drug article, mineral or vitamin supplements, or
molasses.
(4) Guarantees for
microorganisms and enzymes shall not be required if 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.
(5)
The indication for animal class and species is not required on single
ingredient products if the ingredient is not intended, represented, or defined
for a specific animal class or species.
Section 14. Incorporation by Reference.
(1) "Official Publication", 2018 Edition,
Association of American Feed Control Officials, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Division of Regulatory Services, 103 Regulatory Services Building, College of
Agriculture, University of Kentucky, Lexington, Kentucky 40546-0275, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
250.521(1)(b),
250.571(1)