Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-5-7 - Labeling7.1. The following information must appear in its entirety on one side of commercial feed labels, except customer-formula feeds, or on one side of the container of any commercial feed. Examples of labeling for a few animal classes are set forth in Appendices 3, 5, 7, 9, 11, and 14 of this rule. 7.1.a. The quantity statement;7.1.b. The product name, including brand name, if any, under which the commercial feed is distributed; 7.1.b.1. The guarantor shall use a brand or product name that is appropriate for the intended use of the feed and that is not misleading. If the name indicates the feed is made for a specific use, the character of the feed shall conform with the specific use. A commercial feed for a particular animal class shall be suitable for that purpose. A commercial feed labeled "Dairy Feed," for example, shall be suitable for that purpose.7.1.b.2. The guarantor shall not use a commercial, registered brand or trade name in any guarantee or ingredient listings but may use a commercial, registered brand or trade name in the product name of feeds produced by or for the firm holding the rights to the name.7.1.b.3. The guarantor shall not derive the name of a commercial feed from one or more ingredients of a mixture to the exclusion of other ingredients. The name of a commercial feed 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 impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.7.1.b.4. The guarantor shall not use the word "protein" in the product name of a feed that contains added non-protein nitrogen.7.1.b.5. 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 the guarantor may use other percentage values if they are followed by the proper description and conform to good labeling practice. In no case shall the guarantor use numbers in the name of the product in a manner that is misleading or confusing to the customer.7.1.b.6. The guarantor shall use a name for a single ingredient feed that is in accordance with the name of the product designated in the Official Names and Definition of Feed Ingredients, as incorporated by reference in section 2 of this rule, unless the commissioner allows otherwise.7.1.b.7. The guarantor may use the word "vitamin," or a contraction thereof, or any word suggesting a vitamin only in the name of a commercial feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in subsection 8.3 of this rule.7.1.b.8. The guarantor may not use the term "mineralized" in the name of a feed except for its use in the phrase "TRACE MINERALIZED SALT." When this phrase is used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.7.1.b.9. The guarantor shall qualify the terms "meat" and "meat by-products" to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are made from cattle, swine, sheep or goats;7.1.b.10. If the commercial feed consists of raw milk, the words, "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (The blank space is to be completed by using the species of animal from which the raw milk is collected.)7.1.c. The guaranteed analysis stating what the commissioner determines by rules is required to advise the user of the composition of the feed and any other necessary information to support claims made on the label. The substances or elements guaranteed shall be determinable by laboratory methods published by the association of official analytical chemists or by an acceptable method supplied by the guarantor. 7.1.c.1. When a guarantee is stated, the nutritional guarantee shall be in the following sequence - Crude Protein, Equivalent Crude Protein from Non-Protein Nitrogen, Amino Acids, Crude Fat, Crude Fiber, Acid Detergent Fiber, Neutral Detergent Fiber, Calcium, Phosphorus, Salt and Sodium. Other required and voluntary guarantees should follow in a general format so 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. The required and voluntary guarantees for various animal classes or species are set forth in Appendices 2, 4, 6, 8, 10, 12, 13, 15, 16, 17, and 18 of this rule, in consideration of the following exemptions: 7.1.c.1.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: 7.1.c.1.A.1. The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or7.1.c.1.A.2. The feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total mineral.7.1.c.1.B. Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.7.1.c.1.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.7.1.c.1.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.7.1.c.1.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;7.1.d. An ingredient statement, except that an ingredient statement is not required for single standardized ingredient feeds or when the statement is not in the interest of consumers. An ingredient statement shall include:7.1.d.1. The common or usual name of each ingredient as officially defined in the current Official Publication of the Association of American Feed Control Officials;7.1.d.2. Collective terms as defined in the annual Official Publication of the Association of American Feed Control Officials;7.1.d.3. The common or usual name of substances generally recognized as safe (GRAS) as authorized by 21 Code of Federal Regulations 570.30 revised April 1,2019 of the Federal Drug and Cosmetic Act as amended August, 1985;7.1.d.4. The common or usual name of substances which are so common that they do not need a definition, have a substantially safe history, and no safety hazard is known to exist after consumption by a significant number of animals, including, but not limited to, salt and sugar; and7.1.d.5. Other ingredients or additives that the commissioner, by rules, determines necessary. 7.1.d.5.A. Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of W. Va. Code § 19-14-8(b)(4) shall include: 7.1.d.5.A.1. The name of each ingredient as defined in the Official Publication of the Association of American Feed Control Officials, by its common or usual name, or one approved by the Commissioner; and7.1.d.5.A.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:7.1.d.5.A.2.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; and7.1.d.5.A.2.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;7.1.e. The name and principal mailing address of the manufacturer or the distributor;7.1.f. Adequate directions and precautionary statements for safe and effective use; and7.1.g. If a drug or drug containing product is used, the label shall contain the following: 7.1.g.1. The established name of each active drug ingredient;7.1.g.2. The level of each drug used in the final mixture;7.1.g.3. The purpose of the medication (claim statement);7.1.g.4. Appropriate cautions and warnings on the use of the commercial feed;7.1.g.5. Withdrawal statements, if applicable; and7.1.g.6. The word "medicated" directly following and below the product name in type size no smaller than one-half the type size of the product name.7.2. Pet food labels, excluding specialty pet foods, shall conform to the Official Pet Food Regulations, incorporated by reference in section 2 of this rule.7.3. Specialty pet food labels shall conform to the requirements of W. Va. Code § 19-14-8.7.4. The guarantor shall provide information to substantiate claims of improvement or newness (i.e., new, improved, introducing, better tasting, more taste than before) when required by the commissioner. The guarantor shall limit the use of these claims to six months' production of the feed and shall submit a revised label within six months of original registration. The commissioner shall not require an additional application fee for the submission of a revised label under these circumstances during the current registration period.7.5. If a manufacturer or distributor sells customer-formula feed in bags, rather than unpackaged feed (bulk), then he or she is not required to label each bag, Provided that an invoice, which supplies all the information required by W. Va. Code § 19-14-8(d), accompanies the customer-formula feed at all times that the feed is distributed.7.6. Poultry contract feed labels shall conform to the requirements of W. Va. Code § 19-14-8d, except that: 7.6.a. the name of the grower or feeder shall substitute for the requirements for the name of the purchaser; and,7.6.b. the quantity statement of the commercial feed and each feed ingredient used in the feed are not required to be listed.7.7. A Purpose Statement shall be included as part of the label; 7.7.a. The statement of purpose shall contain the specific species and animal classes for which the feed is intended as defined in paragraph 7.1.c.1 of this rule.7.7.b. The manufacturer has 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 paragraph 7.1.c.1 of this rule which may include, but is not limited to weight ranges, sex, or ages of the animals for which the feed is manufactured.7.7.c. The purpose statement may be excluded from the label if the product name includes a description of the species and animal classes for which the product is intended.7.7.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 of the premix. This applies to commercial feeds regulated under Appendix 18.b.10 of this rule.7.7.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. This applies to commercial feeds regulated under Appendix 18.b.10 of this rule.7.7.f. The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner.7.7.g. The statement of purpose for single ingredient feeds shall be stated as "Single Ingredient Feed" or "Feed Ingredient." The manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.7.8. The guarantor shall not subordinate or obscure the information required by this section by other statements or designs.