New Hampshire Code of Administrative Rules
Agr - Commissioner, Department of Agriculture, Markets, and Food
Chapter Agr 1200 - COMMERCIAL FEEDS
Part Agr 1202 - COMMERICAL FEED NAMES
Section Agr 1202.04 - Expression of Guarantees

Universal Citation: NH Admin Rules Agr 1202.04

Current through Register No. 12, March 21, 2024

(a) The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and acid detergent fiber shall be in terms of percentage.

(b) Mineral guarantees shall be as follows:

(1) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:
a. W hen the minimum is below 2.5%, the maximum shall not exceed the minimum by more than 0.5 percentage point;

b. 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

c. 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 5 percentage points;

(2) When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine shall be in terms of percentage. Other minimum mineral guarantees shall be stated in parts per million (ppm) when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater; and

(3) Products labeled with a quantity statement in tablets, capsules, granules, or liquid, may state mineral guarantees in milligrams (mg) per declared unit consistent with the quantity statement and directions for use.

(c) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified below and stated in milligrams per pound (mg/lb) or in units consistent with those employed for the quantity statement unless otherwise specified:

(1) Vitamin A, other than precursors of vitamin A, in international units per pound;

(2) Vitamin D-3 in products offered for poultry feeding, in international chick units per pound;

(3) Vitamin D for other uses, international units per pound;

(4) Vitamin E, in international units per pound;

(5) Concentrated oils and feed additive premixes containing vitamins A, D, or E may, at the option of the distributor, be stated in units per gram instead of units per pound;

(6) Vitamin B-12, in milligrams or micrograms per pound; and

(7) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following:
a. Menadione;

b. Riboflavin;

c. D-pantothenic acid;

d. Thiamine;

e. Niacin;

f. Vitamin B-6;

g. Folic acid;

h. Choline;

i. Biotin;

j. Inositol;

k. P-amino benzoic acid;

l. Ascorbic acid; and

m. Carotene.

(d) Guarantees for drugs shall be stated in terms of percent by weight, except as follows:

(1) Antibiotics present at less than 2,000 grams per ton of total commercial feed shall be stated in grams per ton of commercial feed;

(2) Antibiotics present at 2,000 or more grams per ton of total commercial feed, shall be stated in grams per pound of commercial feed;

(3) Labels for commercial feeds containing growth promotion or feed efficiency levels of antibiotics, being fed continuously as the sole ration, shall not be required to make quantitative guarantees, except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, 21 CFR 558, wherein, quantitative guarantees shall be included regardless of the level or purpose of the antibiotic; and

(4) The term "milligrams per pound" may be used for drugs or antibiotics in those cases where a dosage is given in "milligrams" in the feeding directions.

(e) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(1) For ruminants, as follows:
a. Complete feeds, supplements, and concentrates containing more than 5% protein from natural sources shall be guaranteed as follows:

"Crude Protein, minimum, __%. This includes not more than % equivalent crude protein from non-protein nitrogen";

b. Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

"Equivalent crude protein from non-protein nitrogen, minimum, ___%"; and

c. Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or other basic non-protein nitrogen ingredients as adopted by the Association of American Feed Control Officials (AAFCO), and published in the AAFCO Official Publication, 2019 edition, available as noted in Appendix A, shall be guaranteed as follows:

"Nitrogen, minimum, ___%"; and

"Equivalent Crude Protein from Non-Protein Nitrogen, minimum, ___%"; and

(2) For non-ruminants, as follows:
a. Complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

"Crude protein, minimum ___%. This includes not more than ___% equivalent crude protein which is not nutritionally available to species of animal for which feed is intended"; and

b. Premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement:

"WARNING: This feed must be used only in accordance with directions furnished on the label."

(f) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(g) Guarantees for microorganisms shall be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony forming units per pound (CFU/lb.) when directions are for using the product in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.

(h) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as protease Bacillus subtilis 5.5 mg amino acids liberated/min./milligram. If 2 or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(i) Guarantees for dietary starch, sugars, and fructans for commercial feeds, other than customer-formula feed, pet food, and specialty pet food products shall be as follows:

(1) A commercial feed which bears on its labeling a claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation, shall include on the label:
a. Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee; and

b. A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products; and

(2) When such guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, feeding directions shall indicate the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

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