N.D. Admin. Code 33-32-02-02

Current through Supplement No. 395, January, 2025
Section 33-32-02-02 - Label format
1. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format:
a. Net weight may be stated in metric units in addition to the required avoirdupois units.
b. Product name and brand name if any.
c. If a drug is used:
(1) The word "medicated" shall appear directly following and below the product name in type size, no smaller than one-half the type size of the product name.
(2) The purpose of medication (claim statement).
(3) An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with subsection 4 of section 33-32-02-04.
(4) The required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by sections 33-32-02-06 and 33-32-02-07 appear elsewhere on the label.
d. The guaranteed analysis of the feed as required under the provisions of subsection 3 of North Dakota Century Code section 19-13.1-04 include the following items, unless exempted in paragraph 9, and in the order listed:
(1) Minimum percentage of crude protein.
(2) Maximum or minimum percentage of equivalent protein from nonprotein nitrogen as required in subsection 5 of section 33-32-02-04.
(3) Minimum percentage of crude fat.
(4) Maximum percentage of crude fiber.
(5) Minerals, to include, in the following order: (a) minimum and maximum percentages of calcium (Ca), (b) minimum percentages of phosphorus (P), (c) minimum and maximum percentages of salt (NaCl), and (d) other minerals.
(6) Vitamins in such terms as specified in subsection 3 of section 33-32-02-04.
(7) Total sugars as invert on dried molasses products or products being sold primarily for their sugar content.
(8) Viable lactic acid producing microorganisms for use in silages in terms specified in subsection 7 of section 33-32-02-04.
(9) Exemptions.
(a) Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than six and one-half percent of calcium, phosphorus, sodium, and chloride.
(b) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.
(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, and molasses.
(d) Guarantees for micro-organisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance resisting to the primary purpose of the product, and no specific label claims are made.
e. Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of subsection 4 of North Dakota Century Code section 19-13.1-04.
(1) 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 department.
(2) 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; provided that:
(a) When a collective term for a group of ingredients is used on the label, individual ingredients within that group may 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 defined group, that are or have been used at manufacturing facilities distributing in or into the state.
(3) The registrant may affix the statement, "Ingredients as registered with the State" in lieu of the ingredient list on the label. The list of ingredients must be on file with the department. This list must be made available to the feed purchaser upon request.
f. Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address must include the street address, city, state, and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone directory.
g. The information required in subsections 1 through 5 of North Dakota Century Code section 19-13.1-04 must appear in its entirety on one side of the label or on one side of the container.
2. Customer-formula feed must be accompanied with the information prescribed in this section using labels, invoice, delivery ticket, or other shipping document bearing the following information:
a. The name and address of the manufacturer.
b. The name and address of the purchaser.
c. The date of sale or delivery.
d. The customer-formula feed name and brand name if any.
e. The product name and net weight (may be stated in metric units in addition to the required avoirdupois) of each registered commercial feed and each other ingredient used in the mixture.
f. The direction for use and precautionary statements as required by sections 33-32-02-06 and 33-32-02-07.
g. If a drug-containing product is used:
(1) The purpose of the medication (claim statement).
(2) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with subsection 4 of section 33-32-02-04.

N.D. Admin Code 33-32-02-02

Effective August 1, 1988.

General Authority: NDCC 19-01-02, 19-13.1-10, 23-01-03

Law Implemented: NDCC 19-13.1-04