DIVISION 58
FEEDS
603-058-0001
Definitions
In addition to the definitions set forth in ORS 633.006, the following shall apply to ORS 633.015 to 633.089 and OAR 603-058-0005 to 603-058-0070:
(1) "Medicated Feed" means a commercial feed in combination with a drug, as defined in subsection (10) of ORS 633.006.
(2) "Liquid Feed" means a commercial feed of fluid or liquid consistency containing one or more feed ingredients, as defined in subsection (11) of ORS 633.006.
(3) "Vitamin Feed" means a commercial feed designed or intended to supply primarily vitamins, vitamin derivatives, or vitamin precursors.
(4) "Type A medicated article" is intended solely for use in the manufacturing of another Type A medicated article or a Type B or Type C medicated article. It consists of a new animal drug(s), with or without carrier, with or without inactive ingredients.
(5) "Type B medicated feed" is intended solely for the manufacturing of other nutrients including vitamins and/or minerals and/or other nutritional ingredients in an amount not less that 25 percent of the weight. It is manufactured by diluting a Type A medicated article or another Type B medicated feed.
(6) "Type C medicated feed" is intended as the complete feed for the animal or may be fed "top dressed" (added to the top of usual ration) on or offered "free-choice" (e.g. supplement) in conjunction with other animal feed. It contains a substantial quantity of nutrients including vitamins, minerals, and/or other nutritional ingredients. It is manufactured by diluting a Type A medicated article or a Type B medicated feed. A Type C medicated feed may be further diluted to produce another Type C medicated feed.
(7) The term "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count.
(8) "Department" means the State Department of Agriculture.
(9) "Director" means the Director of the State Department of Agriculture.
(10) "Consultant-Formulated" feed means commercial feed manufactured for a final purchaser based upon formula and/or specifications developed for the feed purchaser by an independent consultant or feed manufacturer.
(11) "Independent consultant" means any person who provides animal nutritional formulation to a feed purchaser as a service rather than the sale of feed.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633
Hist.: AD 1080(4-76), f. & ef. 2-3-76; AD 4-1997, f. & cert.
ef. 6-4-97; DOA 20-1999, f. & cert. ef. 8-31-99
603-058-0002
Form of Labeling
The information required by subsection (1) of ORS 633.025 and OAR 603-058-0005 to 603-058-0031 shall appear in its entirety on one side of a label or container. Such information shall be legible and not subordinated to other statements, nor obscured by designs, color, insufficient background contrast, or crowding with other graphic matter.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633
Hist.: AD 1080(4-76), f. & ef. 2-3-76; AD 4-1997, f. & cert.
ef. 6-4-97
603-058-0005
Labeling as to Brands and Product Names
(1) Unless the Department specifically designates otherwise, the product names and standards for commercial feeds shall be those adopted by the American Feed Control Officials as set forth in their publication entitled "Official Publication" dated 2005.
(2) The brand or product name of a non-medicated feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients, nor shall be one representing any component of a mixture unless all components are included in the name.
(3) The word "vitamin", or contraction thereof, or any word suggesting vitamin content, shall only be used in the brand or product name of a feed which is represented to be a vitamin supplement, and which is labeled with the guarantee prescribed in OAR 603-058-0010(3).
(4) The name of any drug or drug additive, or contraction thereof, or any word suggesting a drug or drug additive content shall only be used in the brand or product name of a feed which is represented to be a drug or drug additive supplement, and which is labeled with the guarantee prescribed in OAR 603-058-0010(2).
(5) The term "dehydrated" may precede the product name if such product has been artificially dried.
(6) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner, e.g., "Contains a source of Pytase which can increase the digestibility of phytin-bound phosphorus in swine and poultry diets."
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 561.190, 633.025 & 633.055
Stats. Implemented: ORS 633.025 & 633.055
Hist.: AD 715, f. 12-5-62, ef. 1-1-63, Renumbered from 603-026-0051;
AD 1080(4-76), f. & ef. 2-3-76; DOA 20-1999, f. & cert. ef.
8-31-99; DOA 16-2005, f. & cert. ef. 10-13-05
603-058-0010
Labeling as to Guarantees
(1) 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.
(2) Mineral Guarantees.
(a) When the calcium, salt, and sodium guarantees are given in the guaranteed analysis such shall be stated and conform to the following:
(A) When 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.
(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 five percentage points.
(b) When stated, guarantees for minimum and maximum total sodium, and salt: minimum potassium, magnesium, sulfur, phosphorus and maximum fluoride 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.
(c) Products labeled with a quantity statement (e.g., tablets, capsules, granules or liquid) may state mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids) consistent with the quantity statement and directions for use.
(3) Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and are stated in mg/lb or in units consistent with those employed for the quantity statement unless otherwise specified:
(a) Vitamin A, other than precursors of vitamin A, in International Units per pound;
(b) Vitamin D-3 in products offered for poultry feeding, in international Chick Units per pound;
(c) Vitamin D for other uses, International Units per pound;
(d) Vitamin E, in International Units per pound;
(e) Concentrated oils and feed additive premixes containing vitamins A, D and/or E may, at the option of the distributor be stated in units per gram instead of units per pound;
(f) Vitamin B-12, in milligrams or micrograms per pound;
(g) All other vitamin guarantees shall express the vitamin activity in milligrams per pound in terms of the following: menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, amino benzoic acid, ascorbic acid, and carotene.
(4) Guarantees for drugs shall be stated in terms of percent by weight, except:
(a) Antibiotics, present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.
(b) Antibiotics present at 2,000 or more grams per ton (total) of commercial feed, shall be stated in grams per pound of commercial feed.
(c) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic.
(d) 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.
(5) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:
(a) For ruminants:
(A) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and 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, %.
(C) Ingredient sources of non-protein nitrogen such as Urea, Diammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows: Nitrogen, minimum, % Equivalent Crude Protein from Non-Protein Nitrogen, minimum, %.
(b) For non-ruminants:
(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).
(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.
(6) 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.
(7) 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.
(8) Guarantees for enzymes shall be stated in units of enzyme activity per unit of weight, volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protenase (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram. If two sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.
(9) The sliding-scale method of expressing guarantees (e.g., protein 15-18%) is prohibited, unless specifically provided for by applicable law or rule.
(10) In addition to the requirements set forth in ORS 633.025, liquid feeds shall be quantitatively guaranteed for:
(a) Minimum percent of total sugars expressed as invert sugar;
(b) Maximum percent of ash; and
(c) Maximum percent moisture.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633
Hist.: AD 715, f. 12-5-62, ef. 1-1-63, Renumbered from 603-026-0055;
AD 1080(4-76), f. & ef. 2-3-76; AD 4-1997, f. & cert. ef.
6-4-97; DOA 20-1999, f. & cert. ef. 8-31-99
603-058-0011
Labeling as to Nutritional Guarantees
In addition to the requirements set forth in ORS 633.025, commercial feeds shall be quantitatively guaranteed for:
(1) Purpose Statement.
(a) The statement of purpose shall contain the specific species and animal class(es) for which the feed is intended as defined in OAR 603-058-0011(2).
(b) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class defined in OAR 603-058-0011(2) which may include, but is not limited to weight range(s), sex, or ages of the animal(s) for which the feed is manufactured.
(c) The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended.
(d) The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "For Further Manufacture of Feed" if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds and premix specifications are provided by the end user.
(e) The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products or molasses products may exclude the animal class and species and state "For Further Manufacture of Feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds.
(2) Guarantees - Crude Protein, Equivalent Crude Protein from Non Protein Nitrogen, Amino Acids, Crude Fat, Crude Fiber, Acid Detergent Fiber, Calcium, Phosphorus, Salt and Sodium shall be the sequence of nutritional guarantees when such guarantee is stated. Other required and voluntary guarantees should follow in a general format such that the units of measure used to express guarantees (percentage, parts per million, International Units, etc.) are listed in a sequence that provides a consistent grouping of the units of measure.
(a) Required guarantees for swine formula feeds.
(A) Animal Classes:
(i) Pre-Starter - 2 to 11 pounds;
(ii) Starter - 11 to 44 pounds;
(iii) Grower - 44 to 110 pounds;
(iv) Finisher - 110 to 242 pounds(market);
(v) Gilts, Sows and Adult Boars;
(vi) Lactating Gilts and Sows.
(B) Guaranteed Analysis for Swine Complete Feeds and Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Lysine;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium;
(vi) Minimum percentage of Phosphorus;
(vii) Minimum and maximum percentage of Salt (if added);
(viii) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee terms of percentage;
(ix) Minimum Selenium in parts per million (ppm);
(x) Minimum Zinc in parts per million (ppm).
(b) Required guarantees for Formula Poultry Feeds (Broilers, Layers and Turkeys).
(A) Animal Classes:
(i) Layer - Chickens that are grown to Produce eggs for food, e.g., table eggs:
(I) Starting/Growing - From day of hatch to approximately 10 weeks of age;
(II) Finisher - From approximately 10 weeks of age to time first egg is produced. (Approximately 20 weeks of age at time of egg production);
(III) Laying - From time of first egg is laid throughout the time of egg production;
(IV) 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.
(ii) Broilers - Chickens that are grown for human food.
(I) Starting/Growing - From day of hatch to approximately 5 weeks of age;
(II) Finisher - From approximately 5 weeks of age to market, (42 to 52 days);
(III) Breeders - Hybrid strains of chickens whose offspring are grown for human food, (broilers), any age and either sex.
(iii) Broilers, Breeders - Chickens whose offspring are grown for human food (broilers).
(I) Starting/Growing - From day of hatch until approximately 10 weeks of age;
(II) Finishing - From approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;
(III) Laying - Fertile egg producing chickens (broilers/ roasters) from day of first egg throughout the time fertile eggs are produced.
(iv) Turkeys:
(I) 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);
(II) 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);
(III) Laying - Female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs;
(IV) 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):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Lysine;
(iii) Minimum percentage of Methionine;
(iv) Minimum percentage of Crude Fat;
(v) Maximum percentage of Crude Fiber;
(vi) Minimum and maximum percentage of Calcium;
(vii) Minimum percentage of Phosphorus;
(viii) Minimum and maximum percentage of Salt (if added);
(ix) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee.
(c) Required Guarantees for Beef Cattle Formula Feeds.
(A) Animal Classes:
(i) Calves (birth to weaning);
(ii) Cattle on Pasture (may be specific as to production stage; e.g. stocker, feeder, replacement heifers, brood cows, bulls, etc.);
(iii) Feedlot Cattle.
(B) Guaranteed analysis for Beef Complete Feeds and Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of equivalent crude protein from Non-Protein Nitrogen (NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium;
(vi) Minimum percentage of Phosphorus;
(vii) Minimum and maximum percentage of Salt (if added);
(viii) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds than furnished by the maximum salt guarantee;
(ix) Minimum percentage of Potassium;
(x) 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):
(i) Minimum and maximum percentage Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum and maximum percentage of Salt;
(iv) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee;
(v) Minimum percentage of Magnesium;
(vi) Minimum percentage of Potassium;
(vii) Minimum Copper in parts per million (ppm);
(viii) Minimum Selenium in parts per million (ppm);
(ix) Minimum Zinc in parts per million (ppm);
(x) Minimum Vitamin A, other than precursors of Vitamin A, international Units per pound.
(d) Required Guarantees for Dairy Formula Feeds.
(A) Animal Classes:
(i) Veal Milk Replacer - Milk Replacer to be fed for veal production;
(ii) Herd Milk Replacer - Milk Replacer to be fed for herd replacement calves;
(iii) Starter - Approximately 3 days to 3 months;
(iv) Growing Heifers, Bulls and Dairy Beef:
(I) Grower 1 - 3 months to 12 months of age;
(II) Grower 2 - More than 12 months of age.
(v) Lactating Dairy Cattle;
(vi) Non-Lactating Dairy Cattle.
(B) Guaranteed Analysis for Veal and Herd Replacement Milk Replacer:
(i) Minimum percentage Crude Protein;
(ii) Minimum percentage Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage Calcium;
(v) Minimum percentage of Phosphorus;
(vi) 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:
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of Equivalent Crude Protein from Non-Protein Nitrogen (NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Maximum percentage of Acid Detergent Fiber (ADF);
(vi) Minimum and maximum percentage of Calcium;
(vii) Minimum percentage of Phosphorus;
(viii) Minimum Selenium in parts per million (ppm);
(ix) 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:
(i) Minimum and maximum percentage of Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum percentage of Magnesium;
(iv) Minimum percentage of Potassium;
(v) Minimum Selenium in parts per million (ppm);
(vi) Minimum Vitamin A, other than the precursors of Vitamin A, in International Units per pound.
(e) Required Guarantees for Equine Formula Feeds.
(A) Animal Classes:
(i) Foal;
(ii) Mare;
(iii) Breeding;
(iv) Maintenance.
(B) Guaranteed Analysis for Equine Complete Feeds and Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage of Calcium;
(v) Minimum percentage of Phosphorus;
(vi) Minimum Copper in parts per million (ppm);
(vii) Minimum Selenium in parts per million (ppm);
(viii) Minimum Zinc in parts per million (ppm);
(ix) Minimum Vitamin A, other than the precursors of A, in International Units per pound (added).
(C) Guaranteed Analysis for Equine Mineral Feeds (all animal classes):
(i) Minimum and maximum percentage of Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum and maximum percentage of Salt (if added);
(iv) Minimum and maximum percentage of Sodium shall be guaranteed only when the total sodium exceeds that furnished by the maximum salt guarantee;
(v) Minimum Copper in parts per million (ppm);
(vi) Minimum Selenium in parts per million (ppm);
(vii) Minimum Zinc in parts per million (ppm);
(viii) Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound (if added).
(f) Required Guarantees for Goat and Sheep Formula Feeds.
(A) Animal Classes:
(i) Starter;
(ii) Grower;
(iii) Finisher;
(iv) Breeder;
(v) Lactating.
(B) Guaranteed Analysis for Goat and Sheep Complete Feeds and Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of equivalent crude protein from Non-Protein Nitrogen(NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium;
(vi) Minimum percentage of Phosphorus;
(vii) Minimum and maximum percentage of Salt (if added);
(viii) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee;
(ix) Minimum and maximum Copper in parts per million (ppm) (if added, or if total copper exceeds 20 ppm);
(x) Minimum Selenium in parts per million (ppm);
(xi) Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound (if added).
(g) Required Guarantees for Duck and Geese Formula Feeds.
(A) Animal Classes:
(i) Ducks:
(I) Starter - 0 to 3 weeks of age;
(II) Grower - 3 to 6 weeks of age;
(III) Finisher - 6 weeks to market;
(IV) Breeder Developer - 8 to 19 weeks of age;
(V) Breeder - 22 weeks to end of lay.
(ii) Geese:
(I) Starter - 0 to 4 weeks of age;
(II) Grower - 4 to 8 weeks of age;
(III) Finisher - 8 weeks to market;
(IV) Breeder Developer - 10 to 22 weeks of age;
(V) Breeder - 22 weeks to end of lay.
(B) Guaranteed Analysis for Duck and Geese Complete Feeds and Supplements (for all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage of Calcium;
(v) Minimum percentage of Phosphorus;
(vi) Minimum and maximum percentage of Salt (if added);
(vii) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee.
(h) Required Guarantees for Fish Complete Feeds and Supplement.
(A) Animal Species shall be declared in lieu of animal class:
(i) Trout;
(ii) Catfish;
(iii) Species other than trout or catfish.
(B) Guaranteed analysis for all Fish Complete Feeds and Supplements:
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum percentage of Phosphorus.
(i) Required Guarantees for Rabbit Complete Feeds and Supplements.
(A) Animal Classes:
(i) Grower - 4 to 12 weeks of age;
(ii) Breeder - 12 weeks of age and over.
(B) Guaranteed analysis for Rabbit Complete Feeds and Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Minimum and maximum percentage of Crude Fiber (the maximum crude fiber shall not exceed the minimum by more than 5.0 units);
(iv) Minimum and maximum percentage of Calcium;
(v) Minimum percentage of Phosphorus;
(vi) Minimum and maximum percentage of Salt (if added);
(vii) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee;
(viii) Minimum Vitamin A, other than precursors of Vitamin A, in International Units per pound (if added).
(j) The required guarantees of grain mixtures with or without molasses and feeds other than those described in regulation OAR 603-058-0011(2)(a) through (i) shall include the following items, unless exempted in section (k), in the order listed:
(A) Animal class(es) and species for which the product is intended.
(B) Guaranteed analysis:
(i) Minimum percentage Crude Protein;
(ii) Maximum or minimum percentage of equivalent Crude Protein from Non-Protein Nitrogen as required in OAR 603-058-0010;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minerals in formula feeds, to include in the following order:
(I) Minimum and maximum percentages of Calcium;
(II) Minimum percentage of Phosphorus;
(III) Minimum and maximum percentage of Salt (if added);
(IV) Minimum and maximum percentage of total Sodium shall be guaranteed only when total Sodium exceeds that furnished by the maximum salt guarantee;
(V) Other Minerals.
(vi) Minerals in feed ingredients - as specified by the official definitions of the Association of American Feed Control Officials;
(vii) Vitamins in such terms as specified in OAR 603-058-0010;
(viii) Total sugars as invert on dried molasses products or products being sold primarily for their sugar content;
(ix) Viable lactic acid producing microorganisms for use in silages in terms specified in OAR 603-058-0010;
(x) A commercial feed (e.g. vitamin/mineral premix, base mix, etc.) intended to provide a specialized nutritional source for use in the manufacture of other feeds, must state its intended purpose and guarantee those nutrients relevant to such stated purpose.
(k) Exemptions.
(A) 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, and veal and herd milk replacers, is not required when:
(i) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or
(ii) The feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total mineral.
(B) Guarantees for vitamins are not required when the commercial feed is neither formulated for or represented in any manner as a vitamin.
(C) Guarantees for crude protein, crude fat, and crude fiber are not required when 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 drug premixes, mineral or vitamin supplements, or molasses.
(D) Guarantees for microorganisms are not required when 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.
(E) The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.
(3) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of ORS 633.025(1)(d):
(a) The name of each ingredient as defined in the Official Publication of the Association of American Feed Control Officials, common or usual name, or one approved by the rule.
(b) Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials in lieu of the individual ingredients; Provide that:
(A) When a collective term for a group of ingredients is used on the label individual ingredients within that group shall not be listed on the label.
(B) The manufacturer shall provide the feed control official, upon request, with a list of individual ingredients, within a define group, that are or have been used at manufacturing facilities distributing in or into the state.
(c) The registrant may affix the statement, "Ingredients as registered with the State" in lieu of an ingredient list on the label as permitted in ORS 633.025(1)(d). The list of ingredients must be on file with the department. This list shall be made available to the feed purchaser upon request.
(4) Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by OAR 603-058-0010 and OAR 603-058-0026 appear elsewhere on the label.
(5) Name and principal mailing address of the manufacturer or person responsible for distributing the feed as required by ORS 633.025(1)(e). The principal mailing address shall include the street address, city, state, zip code. However, the street address may be omitted if it is shown in the current city directory or telephone directory.
(6) Quantity Statement.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633
Hist.: AD 4-1997, f. & cert. ef. 6-4-97; DOA 20-1999, f. &
cert. ef. 8-31-99
603-058-0020
Labeling as to Ingredients
(1) Each individual ingredient shall be specifically named by its common or usual name, without reference to the quality or grade thereof.
(2) In lieu of individual ingredient statement prescribed in section (1) of this rule, collective terms adopted by the Association of American Feed Control Officials as set forth in the 1997 edition of their publication entitled "Official Publication"
(3) The names of all ingredients shall be shown in letters or type of the same size.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the agency.]
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633
Hist.: AD 870(3-68), f. 3-18-68, ef. 4-1-68, Renumbered from
603-026-0065; AD 1080(4-76), f. & ef. 2-3-76; AD 4-1997, f. &
cert. ef. 6-4-97
603-058-0021
Labeling as to Drugs
The labeling requirements of livestock and poultry feeds containing drugs, chemical antibiotics, or hormone additives shall be those adopted and published by the Federal Food and Drug Administration in Title 21, Code of Federal Regulations, effective as of the date of this Order.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.025 & ORS 633.027
Hist.: AD 10-80(4-76), f. & ef. 2-3-76 AD 26-1977, f. & ef.
11-17-77
603-058-0026
Labeling as to Directions for Use and Precautionary Statements
(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:
(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
(b) Include, but not be limited to, all information described by all applicable regulations under the Federal Food, Drug and Cosmetic Act.
(2) Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in OAR 603-058-0010.
(3) Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633.067
Hist.: AD 4-1997, f. & cert. ef. 6-4-97; DOA 20-1999, f. &
cert. ef. 8-31-99
603-058-0028
Labeling of Custom-Formulated Feed
In addition to the labeling requirements set forth in ORS 633.027, each container of custom-formulated feed shall have a label identifying the customer by either name or order number (i.e., "C.M. Jones" or "CM 1234"). Where the delivery is by bulk, such label shall be attached to each delivery ticket.
Stat. Auth.: ORS 561.190 & ORS 633.027
Stats. Implemented: ORS 633.027
Hist.: AD 1080(4-76), f. & ef. 2-3-76
603-058-0029
Labeling of Medicated Custom-Formulated Feed
In addition to the labeling requirements set forth in ORS 633.027 and OAR 603-058-0028, each container of medicated custom-formulated feed shall have a label identifying the purpose of the drug ingredient, the name of each active drug ingredient, and the amount of each drug ingredient. Any special feeding directions or withdrawal or caution statements shall also be included in the label.
Stat. Auth.: ORS 561.190 & ORS 633.027
Stats. Implemented: ORS 633.027
Hist.: AD 1080(4-76), f. & ef. 2-3-76
603-058-0031
Labeling of Processed Animal Waste
Animal waste products sold, held for sale, or offered for sale shall be identified in accordance with the definitions, and shall conform with the requirements of this section. Such products which are utilized for feeding on the premises where produced, by the person whose animals produced the same, shall conform generally to the provisions of this rule:
(1) "Processed animal waste" is a processed product composed of total excreta, with or without litter, from poultry or ruminant animals. It shall not contain levels of drug residue, pesticide residue, or other toxic or deleterious substances that could be harmful to animals or result in harmful or unlawful residue levels in their tissue or by-products. The final moisture of the product shall not exceed 12 percent, except as provided in section (2) of this rule. It shall not be used in feed for lactating dairy animals. If used in a mixed feed, the maximum percentage of processed animal waste shall be stated on the label of such mixed feed. It shall not be fed to animals within 15 days of slaughter. Processed animal waste includes the following:
(a) "Dried Poultry Waste" is processed undiluted poultry excreta collected from cage layer flocks. The product shall be uniform and contain not less than 25 percent crude protein, not more than 15 percent crude fiber, and not more than 30 percent ash. It shall be labeled to show minimum protein, maximum equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, maximum and minimum salt (NaCl), maximum and minimum calcium (Ca), and minimum phosphorus (P). The product shall not contain more than 1 percent feathers;
(b) "Dried Poultry Litter" is the processed combination of total poultry excreta and litter that occurs in the floor production of poultry. The product shall be uniform and contain not less than 18 percent protein. The type of litter shall be a part of the product name. It shall be labeled to show minimum protein, maximum equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, maximum and minimum calcium (Ca), minimum phosphorus (P), and maximum and minimum salt (NaCl);
(c) "Dried Ruminant Waste" is processed bovine excreta free of extraneous material such as straws, wood shavings, dirt, and similar materials. The product shall be uniform and contain not less than 12 percent crude protein and not more than 30 percent crude fiber and 20 percent ash. It shall be labeled to show minimum protein, maximum equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, and maximum and minimum salt (NaCl).
(2) Processed Animal Waste in excess of 12 percent moisture including slurries, silages, and other semidry products shall conform to the requirements of section (1) of this rule except for the moisture limitation stated therein. If sold for feeding purposes, it shall be labeled to show type of process, maximum moisture, minimum protein, maximum equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, and maximum and minimum salt (NaCl).
Stat. Auth.: ORS 561.190 & ORS 633.055
Stats. Implemented: ORS 633.055
Hist.: AD 1080(4-76), f. & ef. 2-3-76
603-058-0032
Adulterants
(1) Wild Bird Feed. Pursuant to ORS 633.045(7), a person may not sell or otherwise distribute wild bird feed containing viable noxious weed seeds that exceed the amounts stated in this rule.
(2) Wild bird feed is defined in ORS 633.006(20).
(3) Wild bird feed sold or distributed to the final consumer shall contain:
(a) No viable prohibited noxious weed seed listed in OAR 603-056-0205(1) Prohibited noxious weed seeds.
(b) No more viable restricted noxious weed seed than the maximum allowable number of seeds per pound specified by species in OAR 603-056-0205(2) Restricted noxious weed seeds.
Stat. Auth.:
ORS 633.045
Stats. Implemented:
Hist.: DOA
14-2008, f. 5-15-08, cert. ef. 1-1-09
603-058-0036
Methods of Sampling and Analysis
The methods of sampling and analysis shall be those adopted by and included in the "Journal of the Association of Official Analytical Chemists", or any other method approved by the Department.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Stat. Auth.: ORS 561.190 & ORS 633.065
Stats. Implemented: ORS 633.065
Hist.: AD 1080(4-76), f. & ef. 2-3-76
603-058-0040
Artificial Color
An artificial color may only be used in commercial feeds if it has been recognized by the Department as harmless to animals. However, no material shall be used to enhance or mask the natural color of a feed or feed ingredient if inferiority of the feed or feed ingredient would thereby be concealed.
Stat. Auth.: ORS 561.190 & ORS 633.067
Stats. Implemented: ORS 633.067
Hist.: AD 715, f. 12-5-62, ef. 1-1-63, Renumbered from 603-026-0085;
AD 1080(4-76), f. & ef. 2-3-76
603-058-0051
Proof of Labeling Claims or Guarantees
(1) For the purpose of ORS 633.055, the Department may investigate and require the submission of evidence to support any labeling claim or guarantee that is made, in accordance with ORS 633.025 or 633.027, in any label, invoice, or accompanying pamphlets or brochures intended to inform a purchaser of the product's use, value, quality, analysis, type, or composition.
(2) In its investigation and evaluation of evidence, the Department may rely on experimental data, manufacturers' evaluations, and advice or data from agricultural experiment stations or other authoritative sources.
Stat. Auth.: ORS 561.190, ORS 633.025, ORS 633.027 & ORS
633.055
Stats. Implemented: ORS 633.025, ORS 633.027 & ORS 633.055
Hist.: AD 1080(4-76), f. & ef. 2-3-76
603-058-0052
Suitability
(1) The nutritional content of commercial feed shall be as purported or is represented to possess by its labeling. Such animal feed, its labeling and intended use must be suitable for the intended purpose of the product.
(2) Commercial feeds for swine, poultry, and fish, and milk replacers for veal calves, when fed according to directions, must meet the nutritional requirements established by:
(a) The committee on Animal Nutrition of the National Research Council of the National Academy of Sciences; or
(b) A signed affidavit attesting to the Nutritional adequacy of the feed based upon valid scientific evidence. Such affidavit shall be submitted to the Department upon request.
(A) An Affidavit certifying the feed sponsor has valid scientific knowledge which assures suitability of the nutritional content of the feed product shall be submitted to the Department only when the suitability of a product is challenged.
(B) Submission of a completed "Affidavit of Suitability" shall serve as proof of suitability and therefore the feed sponsor shall not be required to provide scientific information nor any reference thereto unless the Department has reason to believe that such product is not suitable for its intended use. In such case the Director shall have the authority to conduct a hearing pursuant to the Administrative Procedures Act (ORS 183) requiring the feed sponsor to produce sufficient scientific and other evidence of the product's suitability.
(C) Upon receipt of a completed "Affidavit of Suitability", the feed sponsor may continue to market the product. When such affidavit is not adequately submitted, the Department may continue to stop sale the feed and order its removal from the marketplace as well as all other feeds manufactured or distributed under the same product name.
(D). The Affidavit of Suitability shall contain the following information:
(i) The feed company's name;
(ii) The feed's product name;
(iii) The name and title of the affiant submitting the document;
(iv) The statement that the affiant has knowledge of the nutritional content of the listed feed product and is familiar with the nutritional requirements the animal species and animal class(es) for which the product is intended as established by the National Research Council of the National Academy of Science;
(v) The statement that the affiant has knowledge of valid scientific evidence that supports the suitability of the product for the intended animal species and animal class(es) for which the feed is intended;
(vi) The date of submission; and
(vii) The signature of the affiant notarized by a certified Notary Public.
Stat. Auth.: ORS 633
Stats. Implemented: ORS 633.067
Hist.: AD 4-1997, f. & cert. ef. 6-4-97
603-058-0065
License Fees for Feed Manufacturers, Wholesale Distributors, Feed Registrants, and Certain Feeders
The license fees for any person operating a feed manufacturing plant (per location), or acting as a wholesale distributor of feeds, or registering feeds for distribution in Oregon, or acting as a contract feeder wherein drugs in any form are utilized in the manufacturing of such feed, shall be in accordance with the following:
(1) A license fee of $100 for wholesale distributors (brokers) who are neither feed manufacturers or feed registrants.
(2) A license fee based upon annual production and or distribution of commercial feeds in Oregon, in accordance with the schedule set forth in section (3) of this rule, for:
(a) Feed registrants who maintain feed manufacturing plants in Oregon;
(b) Feed Registrants (labelers) who are Oregon firms (addressees) but do not maintain feed manufacturing plants in Oregon;
(c) Feed registrants who do not maintain feed manufacturing plants in Oregon; and
(d) Contract feeders who utilize drugs in the manufacture of feeds.
(3) The fee schedule based upon annual production and distribution of commercial feed is as follows: Annual Tonnage - Annual Fee:
(a) Less than one (1) ton of wildbird seed -- $10;
(b) Less than 5,000 tons -- $100;
(c) 5,000 to 9,999 tons -- $200;
(d) 10,000 to 19,999 tons -- $300;
(e) 20,000 to 29,999 tons -- $400;
(f) Greater than 30,000 tons -- $500.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.029
Hist.: AD 958(24-71), f. 11-26-71, ef. 12-15-71; AD 26-1977, f. &
ef. 11-17-77; AD 14-1979, f. & ef. 10-18-79; AD 13-1982, f. &
ef. 10-27-82; AD 1-1997, f. & cert. ef. 1-13-97; DOA 20-1999, f.
& cert. ef. 8-31-99
603-058-0070
Feed Registration Fee
The registration fee for each formula or formulation of commercial feed under each brand shall be $20, which fee is payable at the time an application for registration is made to the Department.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.015
Hist.: AD 958(24-71), f. 11-26-71, ef. 12-15-71; AD 26-1977, f. &
ef. 11-17-77
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