Section 42.52. Adulteration and misbranding.

 

(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 346a , 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 346a .

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 B 1 (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.

Cr. Register, September, 1996, No. 489 , eff. 10-1-97; CR 14-047 : am. (2) (b), (c) (intro.), 1., (d) to (g), (o) (intro.) Register May 2015 No. 713 , eff. 6-1-15.