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
Universal Citation: WI Admin Code ยง ATCP 42.52
Current through August 26, 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 346 a(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
379 e.
(g) The feed contains any new animal drug
which is unsafe within the meaning of
21 USC
360 b.
(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.
(3) MISBRANDING; WHAT CONSTITUTES. A feed is misbranded if any of the following applies:
(a) The feed labeling is false, deceptive, or
misleading in any particular.
(b)
The feed is sold or distributed under the name of another feed.
(c) The feed labeling violates any provision
of this chapter.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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