(1) No person shall manufacture or sell a commercial feed in this state, unless he has filed with the commissioner on forms provided by the commissioner, his name, place of business and location of each manufacturing facility from which feed may be shipped within or into this state.(2) Such person shall apply for and obtain from the commissioner a license authorizing the sale and distribution of commercial feed. The application for a license shall be accompanied by the fee hereinafter required and shall be on forms furnished by the commissioner which shall contain such information as is necessary for the issuance of the license. All licensing shall expire on December 31 of each year and shall be renewed annually as of January 1 upon the filing of an application and payment of the required license fee. The license fee shall be based upon the number of tons of commercial feed sold or distributed in this state during the preceding twelve-month period ending December 31. The amount of the license fee shall be based upon the following schedule:TONS SOLDLICENSE FEE
Less than 250 tons .................................. $ 35.00 250 tons or more but less than 500 tons ............. $ 75.00 500 tons or more but less than 1,000 tons ........... $250.00 1,000 tons or more but less than 2,000 tons ......... $300.00
2,000 tons or more but less than 4,000 tons ......... $350.00
4,000 tons or more but less than 8,000 tons ......... $450.00
8,000 tons or more but less than 12,000 tons ........ $550.00
12,000 tons or more but less than 16,000 tons ....... $650.00 More than 16,000 tons ............................... $750.00
(3) An inspection fee at the rate of 25 cents per ton shall be paid on commercial feeds by every person who distributes the commercial feed in this state. Nothing in this rule shall affect the exemptions and exceptions found in § 2-21-24(a), § 2-21-24(a)(1), and § 2-21-24(a)(2) of the Code of Ala. 1975. In the case of a commercial feed distributed in this state in packages or containers of ten pounds or less, an annual fee of $75.00 per product shall be paid the commissioner in lieu of the inspection fee specified herein for individuals or entities whose annual gross sales in Alabama exceed $250,000.00 annually or $1,000,000.00 overall. For individuals or entities whose gross sales are $250,000.00 or less in Alabama and $1,000,000.00 or less overall, the fee paid per product shall be $50.00.(4) The brand or product name must be appropriate for the intended use of the feed and must not be misleading. If the name indicates the feed is made for a specific use, the character of the feed must conform therewith. A mixture labeled Dairy Feed, for example, must be suitable for that purpose.(5) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.(6) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name, provided that if any ingredient or combination of ingredients is intended to impact a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.(7) The word protein shall not be permitted in the product name of a feed that contains added nonprotein nitrogen.(8) When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word protein, provided that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.(9) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients.(10) The word vitamin, or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in Rule 80-1-5-.06(3).(11) The term mineralized shall not be used in the name of a feed except for TRACE MINERALIZED SALT. When so used, the product must contain significant amounts of the trace minerals which are recognized as essential for animal nutrition.(12) The term meat and meat by-products shall be qualified to designate the animal from which the meat and meat by-products is derived unless the meat and meat by-products are made from cattle, swine, sheep and goats.Ala. Admin. Code r. 80-1-5-.05
Filed April 19, 1982. Amended: Filed August 16, 2004; effective September 20, 2004.Authors:Charles H. Barnes, John P. Hagood
StatutoryAuthority:Code of Ala. 1975, §§ 2-21-19, 2-21-24, 2-21-25.