R68. Agriculture and Food, Plant Industry.

R68-2. Utah Commercial Feed Act Governing Feed.

R68-2-1. Authority.

(1) Promulgated under the authority of Section 4-12-103, Subsections 4-12-102(4)(a)(iii) and 4-12-105(3).

(2) The Association of American Feed Control Officials (AAFCO) has permitted the department to utilize and reproduce copyrighted information from the 2024 edition of the AAFCO Official Publication for non-commercial purposes in this rule.

R68-2-2. Definitions and Terms.

This rule defines the following terms in addition to the terms used in Section 4-12-102;

(1) "Home produced" means a pet treat produced in a private home kitchen in the state.

(2) "Official Publication" means an annual publication of the Association of American Feed Control Officials (AAFCO) that contains common ingredient names, feed terms, and definitions and lists standards for labels, ingredients, and laboratories.

(3) "Principal Display Panel" means the outfacing side of the feed tag, or if no tag, the part of the label most likely to be displayed, presented, shown, or examined under normal and customary display conditions for retail sale.

(4) "Raw meat" means an unadulterated commodity that the department and is exempt from the definition of commercial feed per Subsection 4-12-102(4)(b)(iii).

R68-2-3. Registration of Products.

(1) An applicant shall register a commercial feed with the department by meeting the requirements listed in Subsection 4-12-104(2) which include:

(a) submitting an annual registration form with the department; and

(b) paying an annual registration fee on or before December 31 each year.

(2) Per Subsection 4-12-104(4), a person selling animal formula feeds shall obtain a license before distribution by:

(a) submitting an annual application as provided by the department; and

(b) pay an annual license fee on or before December 31 each year.

(3) To monitor and track the registration of commercial feed products and distribution of formula feed licenses, the department may:

(a) assess an additional fee, per product, if the application for renewal of a commercial feed or feed ingredient registration is not submitted on or before December 31; and

(b) add the additional fee to the original registration fee.

(4) The department may not issue a commercial feed product registration or a customer-formula feed license until the applicant pays the fee.

(5) The department shall require the applicant to submit a new registration if the applicant changes the name of a feed or changes the product ingredients.

(6)(a) The department may not require the applicant to register labeling changes but the applicant shall submit copies of any labeling changes to the department as soon as they are effective.

(b) The department may permit a reasonable time to dispose of properly labeled stocks of the old product.

(7) Home produced pet treats are exempt from customer-formula feed labeling requirements and shall meet the requirements of Section 4-12-105.5.

R68-2-4. Feed Label Format.

(1) A registrant shall meet consistent labeling requirements by ensuring:

(a) commercial feed, other than customer-formula feed, bears the information prescribed in Section R68-2-5 on the label of the product in the following format:

(i) product name and brand name, if any;

(ii) if a drug is used, the drug label as stipulated in Subsection R68-2-5(3);

(iii) purpose statement;

(iv) guaranteed analysis;

(v) feed ingredients;

(vi) directions for use and precautionary statements;

(vii) manufacturer or persons responsible for distributing the feed name and principal mailing address;

(viii) quantity statement; and

(ix) the lot number, batch number, or unique identifier, or it may be the manufactured date of the feed product; and

(b) label information is placed as follows:

(i) the information required in Subsection R68-2-4(1)(a)(i) through Subsection R68-2-4(1)(a)(iii), and Subsection R68-2-4(1)(a)(viii) shall appear in its entirety on the principal display panel;

(ii) the information required in Subsection R68-2-4(1)(a)(iv) through Subsection R68-2-4(1)(a)(vii) may appear in a prominent place on the feed tag or label, but not necessarily on the principal display panel; and

(iii) if the precautionary statement required by Subsection R68-2-4(1)(a)(vi) does not appear on the principal display panel, the principal display panel shall reference it with a statement, such as "See back of label for precautions;" and

(c) the information required by this section may not subordinate or obscure any other statements or designs.

(2) A registrant shall meet consistent customer-formula feed labeling requirements as prescribed in this rule by using a label, invoice, delivery ticket, or other shipping document that bears the following information:

(a) name and address of the manufacturer;

(b) name and address of the purchaser;

(c) date of sale or delivery;

(d) the customer-formula feed name and brand name, if any;

(e) the product name and net quantity of each registered commercial feed and each other ingredient used in the mixture;

(f) the directions for use and precautionary statements required by Sections R68-2-8 and R68-2-9; and

(g) if the feed uses a drug containing product, the label shall also include:

(i) the purpose of the medication or claim statement; and

(ii) the established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with Subsection R68-2-6(4).

(3) A registrant shall label pet and specialty pet food products to meet the following requirements:

(a) a vignette, graphic, or pictorial representation of a product on a pet food label may not misrepresent the contents of the package;

(b) the use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available;

(c) a statement may not appear on the label of a pet food that makes false or misleading comparisons between that pet food and any other pet food;

(d) personal or commercial endorsements are permitted on pet food labels if the endorsements are factual and not otherwise misleading;

(e) if a pet food is enclosed in any outer container or wrapper that is intended for retail sale, required label information shall appear on the outside container or wrapper; and

(f) the words "Dog Food," "Cat Food," or similar designations shall appear conspicuously on the principal display panels of the pet food label.

(4) The label of a pet food may not contain an unqualified representation or claim, directly or indirectly, that the pet food contained or a recommended feeding is or meets the requisites of a complete, perfect scientific, or balanced ration for dogs or cats unless the product or feeding:

(a) contains ingredients in quantities sufficient to provide the estimated nutrient requirements for each stage of the life of a dog, cat; or

(b) contains a combination of ingredients that, when fed to a normal animal as the only source of nourishment, will provide satisfactorily for;

(i) fertility of females;

(ii) gestation and lactation;

(iii) normal growth from weaning to maturity without supplementary feeding;

(iv) maintaining the normal weight of an adult animal whether working or at rest; and

(v) has had its capabilities demonstrated by adequate testing.

(5) If a label refers to the presence of ingredients or common terms not defined in the 2024 version of the Official Publication, the following statement must be included: "Not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles."

(6) Labels for pet food products that are compounded for or are suitable for only a limited purpose, such as a product designed for the feeding of puppies, may contain representations that the pet food product or the recommended feeding is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats by including:

(a) a statement of the limited purpose for which the product is intended or suitable, such as the statement:" A complete food for puppies;" and

(b) representations and the required qualification shall be juxtaposed on the same panel and in the same size, style, and color print and the qualified representations may appear on pet food labels only if the pet food product contains:

(i) ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition; or

(ii) a combination of ingredients that, when fed for a limited purpose, will satisfy the nutrient requirements for the limited purpose, and can demonstrate its capabilities through adequate testing.

(7)(a) Except as specified by Section R68-2-6, the name of any ingredient that appears on the label other than in the product name may not be emphasized to create the impression that an ingredient is present in the product in a larger amount than is the fact.

(b) If the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

R68-2-5. Feed Label Information.

(1) A registrant shall label commercial feed, other than customer-formula feed, as specified in this section.

(2) The product name and brand name, if any, displayed on the commercial feed label may:

(a) be appropriate for the intended use of the feed and may not be misleading;

(b) state if the name of the feed is made for a specific use, the character of the feed for a particular animal class shall be suitable for that purpose;

(c) only be in the product name of feeds produced by or for the firm holding the rights to that name and may not have the commercial, registered brand, or trade names in guarantees or ingredient listings;

(d) not contain the name of a commercial feed if the name is derived from one or more ingredients of a mixture to the exclusion of other ingredients and may not represent any components of a mixture unless each component is included in the name;

(e) contain the name of any ingredient or combination of ingredients that are intended to impart a distinctive characteristic to the product that is of significance to the purchaser and 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;

(f) not contain the word "protein" in the product name of a feed that contains added non-protein nitrogen;

(g) state when the name carries a percentage value, it shall be understood to signify protein 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;

(h) not contain digital numbers used in a manner as to be misleading or confusing to the customer;

(i) allow single ingredient feeds to have a product name that conforms with the designated definition of feed ingredients as recognized by the Official Publication or unless the department designates otherwise;

(j) contain the word "vitamin," or a contraction, or any word suggesting vitamin can be used only in the name of a feed that is represented to be a vitamin supplement, and labeled with the minimum content of each vitamin declared, as specified in Subsection R68-2-6(3);

(k) contain the term "mineralized" which may not be used in the name of a feed except for "TRACE MINERALIZED SALT," if the product contains significant amounts of trace minerals that are recognized as essential for animal nutrition;

(l) contain the terms "meat" and "meat by-products" if qualified 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, and goats; or

(m) contain the words, "Raw (blank) Milk" that shall appear conspicuously on the principal display panel with "blank" completed with the species of animal from which the raw milk is collected, if the commercial feed consists of raw milk.

(3) If a drug is used in the commercial feed, the label shall include:

(a) the word "medicated" and it shall appear directly following and below the product name in type size no smaller than one-half the type size of the product name;

(b) a purpose statement as required in Subsection R68-2-5(4);

(c) the purpose of medication or claim statement; and

(d) an active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Subsection R68-2-6(4).

(4) The purpose statement on the commercial feed label may:

(a)(i) contain the specific species and animal classes for which the feed is intended as defined in Subsection R68-2-5(5); and

(ii) if applicable, a description by the manufacturer of the defined animal class, species, and purpose in a more specific and common language that is consistent with the category of an animal class defined in Subsection R68-2-5(5), including weight ranges, sex, or ages of the animals for which the feed is manufactured;

(b) be excluded from the label if the product name includes a description of the species and animal class for which the product is intended;

(c) exclude the animal class and species for a premix of the manufacture of feed, 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;

(d) exclude the animal class and species and state "For Further Manufacture of Feed" of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products, if the label guarantees the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds;

(e) include a statement of enzyme functionality if an enzymatic activity is represented in any manner;

(f) state the terms "Single Ingredient Feed", "Feed Ingredient " or "For Further Manufacture of Feed, " for single ingredient feed, although 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; or

(g) include the words "treat" or "snack" and the intended species conspicuously on the principal display panel for a feed intended as a treat for a designated species, such as exclusive of pets and specialty pets.

(5) The sequence of nutritional guarantees that must be stated on a commercial feed label, when a guarantee is stated, shall be:

(a) crude protein;

(b) equivalent crude protein from Non-Protein Nitrogen (NPN);

(c) amino acids;

(d) crude fat;

(e) crude fiber;

(f) acid detergent fiber (ADF);

(g) neutral detergent fiber (NDF);

(h) calcium;

(i) phosphorus;

(j) salt;

(k) sodium; and

(l) any other required or voluntary guarantees shall follow a general format that ensures the units of measure used to express guarantees such as percentage, parts per million (ppm), or international units, are listed in a sequence that provides a consistent grouping of the units of measure.

(6) The label may not state an individual nutrient guarantee if listed as exempt in Subsection R68-2-5(5)(e).

(7) The label shall state the guaranteed analysis as listed in Tables 1-10 of this rule for the specific animal class or species for which the feed is intended.

Table 1

Required Guarantees for Swine Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

Crude protein

Minimum

Lysine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(1) Prestarter: 2-11 pounds;

(2) Starter: 11-44 pounds

(3) Grower: 44 to 110 pounds;

(4) Finisher: 110 pounds to market weight;

(5) Gilts, sows, and adult boars; and

(6) Lactating gilts and sows.

Selenium, in ppm

Minimum

Table 2

Required Guarantees Formula Poultry Feeds for Layers, Broilers, Turkeys, and Breeders

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Layers: Chickens that are grown to produce eggs for food, for example, table eggs:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) starter or growing: from day of hatch to approximately 10 weeks of age;

(b) finisher: from approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;

(c) laying: from time first egg is laid throughout the time of egg production;

(d) breeders:

(i) chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs; and

(ii) from time first egg is laid throughout their productive cycle.

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(2) Broilers: Chickens that are grown for human food:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(a) starter or growing: from day of hatch to approximately 5 weeks of age;

(b) finisher: from approximately 5 weeks of age to desired market weight, 42-52 days;

(c) breeders: hybrid strains of chickens whose offspring are grown for human food or broilers, at any age and either sex.

Total sodium, only if it exceeds max salt

Min/Max

(3) Broilers, Breeders: Chickens whose offspring are grown for human food, broilers:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Salt, if added

Min/Max

(a) starting or growing: from day of hatch until approximately 10 weeks of age;

(b) finishing: from approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;

(c) laying: fertile egg producing chickens, broilers or roasters, from day of first egg throughout the time fertile eggs are produced.

Total sodium, only if it exceeds max salt

Min/Max

(4) Turkeys:

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) starter or growing: grown for human food from day of hatch to approximately 13 weeks of age for females and 16 weeks of age for males;

(b) finisher: 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;

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium; only if it exceeds max salt

Min/Max

Crude protein

Minimum

Lysine

Minimum

Methionine

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(c) laying: female turkeys that are producing eggs; from first egg is produced, throughout the time they are producing eggs;

(d) breeder: grown to produce fertile eggs, from day of hatch to time first egg is produced, approximately 30 weeks of age, both sexes.

Total sodium, only if it exceeds max salt

Min/Max

Table 3

Required Guarantees for Beef Cattle Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Complete Feeds and Supplements

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Potassium

Minimum

Vitamin A, other than precursors of Vitamin A, International Units per Pound, if added

Minimum

Mineral Feeds, if added

Calcium

Min/Max

Phosphorus

Minimum

Salt

Min/Max

(1) Calves: birth to weaning.

(2) Cattle on pasture: may be specific as to production stage such as stocker, feeder, replacement heifers, brood cows, bulls; and

(3) Feedlot cattle.

Total sodium, only if it exceeds max salt

Min/Max

Magnesium

Minimum

Potassium

Minimum

Copper, in ppm

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

Vitamin A, other than precursors of Vitamin A, International Units per pound

Minimum

Table 4

Required Guarantees for Dairy Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

(1) Veal milk replacer; and

(2) Herd milk replacer.

Vitamin A, other than precursors of vitamin A, in International Units per pound, if added

Minimum

Complete Feeds and Supplements

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

ADF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Selenium, in ppm

Minimum

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Mixing and Pasture Mineral, if added

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(1) Starter;

(2) Non-lactating dairy cattle including: replacement dairy heifers, dairy bulls, and dairy calves;.

(3) Lactating dairy cows; and

(4) Dry dairy cows.

Magnesium

Minimum

Potassium

Minimum

Selenium, in ppm

Minimum

Vitamin A, other than the precursors of Vitamin A, in International Units per pound

Minimum

Table 5

Required Guarantees for Equine Formula Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Complete Feeds and Supplements

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

ADF

Maximum

NDF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Copper, in ppm, if added

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

Vitamin A, other than the precursors of Vitamin A, in International Units per pound, if added

Minimum

Mineral Feeds

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Sodium

Min/Max

Copper, in ppm, if added

Minimum

Selenium, in ppm

Minimum

Zinc, in ppm

Minimum

(1) Growing;

(2) Broodmare;

(3) Maintenance; and

(4) Performance, including stallions.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 6

Required Guarantees for Goat Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Starter;

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

ADF

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Copper, in ppm, if added

Min/Max

Selenium, in ppm

Minimum

(2) Grower;

(3) Finisher;

(4) Breeder; and

(5) Lactating.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 7

Required Guarantees for Sheep Formula Feeds

Animal Class

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentages

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Maximum

Crude fat

Minimum

Crude fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Copper, in ppm

Min/Max

Selenium, in ppm

Minimum

(1) Starter;

(2) Grower;

(3) Finisher;

(4) Breeder; and

(5) Lactating.

Vitamin A, other than precursors of Vitamin A, in International Units per pound, if added

Minimum

Table 8

Required Guarantees for Duck and Geese Formula Feeds

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Ducks:

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

(a) starter: 0-3 weeks;

(b) grower: 3-6 weeks;

(c) finisher: 6 weeks to market;

(d) breeder developer: 8 to 19 weeks of age; and

(e) breeder: 22 weeks to end of lay.

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(2) Geese:

Crude Protein

Minimum

Crude Fat

Minimum

Crude Fiber

Maximum

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

(a) starter: 0-4 weeks;

(b) grower: 4-8 weeks;

(c) finisher: 8 weeks to market;

(d) breeder developer: 10-22 weeks; and

(e) breeder.

Total sodium, only if it exceeds max salt

Min/Max

Table 9

Required guarantees for Fish, Rabbits, and Treats

Animal Class/Species

Guaranteed Analysis Complete Feeds and Supplements

Min/Max Percentage

(1) Fish:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) species declared in lieu of animal class:

(i) trout;

(ii) catfish; or

(iii) species other than trout or catfish.

Phosphorus

Minimum

(2) Rabbit:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber, may not exceed min by more than 5.0 units

Min/Max

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

(a) grower: 4 to 12 weeks of age; and

(b) breeder: 12 weeks of age and over.

Vitamin A, other than precursors of Vitamin A, in International Units per oud, if added

Minimum

(3) Treats:

Crude protein

Minimum

Crude fat

Minimum

Crude fiber

Maximum

(a) any other animal class or species;

Other guarantees to support claims

As needed to support nutritional claims as per labeling and expression of guarantees requirements listed in this rule.

(b) pets and specialty pets; or

Reserved

Reserved

(c) home produced.

Exempt

Exempt

Table 10

Required Guarantees for Grain Mixtures, With or Without Molasses and Other Feeds

Animal Class

Guaranteed Analysis

Min/Max Percentage

Crude protein

Minimum

Equivalent crude protein from NPN, when added

Min/Max

Crude fat

Minimum

Crude fiber

Maximum

Minerals in formula feeds, in the following order:

Calcium

Min/Max

Phosphorus

Minimum

Salt, if added

Min/Max

Total sodium, only if it exceeds max salt

Min/Max

Other Minerals

(2) The following shall also be listed as required in this rule:

(a) minerals in feed ingredients as specified by AAFCO definitions;

(b) vitamins per Section R68-2-6;

(c) total sugars as invert on dried molasses products or products being sold primarily for their sugar content; and

(1) Animal class or species for which the product is intended.

(d) viable lactic acid producing microorganisms for use in silages in terms specified in this rule.

(8)(a) The label shall state a commercial feed, vitamin or mineral premix, base mix, which intends to provide a specialized nutritional source for use in the manufacture of other feeds, its intended purpose and guarantee the nutrients relevant to the stated purpose.

(b) Article II of AAFCO's "Criteria for Labeling Nutritional Indicators" may not apply to the label guarantees for these specialized commercial feeds.

(9) Exemptions for guarantees stated on the label, includes:

(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 the feed or feed ingredient:

(i) is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(ii) 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 nor represented in any manner as a vitamin supplement;

(c) guarantees for crude protein, crude fat, and or crude fiber are not required when the commercial feed is intended for purposes other than to furnish one or more of these substances or one or more are of minor significance relative to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and 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; and

(e) the indication for animal class, or classes, and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class or species.

(10) The label shall state feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements that are listed by ensuring:

(a) the name of each ingredient as defined in the Official Publication, common or usual name, or one approved by the department; or

(b) any collective terms for the grouping of feed ingredients as defined in the Official Publication in lieu of the individual ingredients, provided that:

(i) 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; and

(ii) the manufacturer provides to the department, upon request, a list of individual ingredients, within a defined group, which are or have been used at manufacturing facilities distributing in or into the state; and

(c)(i) the registrant may affix the statement, "Ingredients as registered with the State" in lieu of the ingredient list on the label; and

(ii) the list of ingredients shall be on file with the department and shall be made available to the feed purchaser upon request.

(11) The label for commercial feed shall display directions for use and precautionary statements, or reference to their location if the detailed feeding directions and precautionary statements required by Sections R68-2-8 and R68-2-9 appear elsewhere on the label.

(12) Name and principal mailing address of the manufacturer or person responsible for distributing the feed displayed on the commercial feed label shall include:

(a) the principal mailing address including the street address, city, state, and zip code; and

(b) the street address may be omitted if it is readily displayed on relevant hard copy or the principal website.

(13)(a) The commercial feed label shall display the net weight or net quantity declared in terms of weight, liquid measure, or count, based on applicable requirements of Section R70-910-3.

(b) Net quantity labeled in terms of weight shall be expressed both in pounds, with any remainder in terms of ounces or common or decimal fractions of the pound and in appropriate SI metric system units; or in the case of liquid measure, both in the largest whole unit, quarts, quarts and pints, or pints, with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart and in appropriate Si metric system units.

(c) When the declaration of quantity of contents by count does not give adequate information as to the quantity of feed in the container, it shall be combined with such statement of weight, liquid measure, or size of the individual units as will provide such information.

R68-2-6. Expression of Guarantees.

(1) The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber, and other fiber indicators shall be in terms of percentage.

(2) When the label states mineral guarantees, it shall include:

(a) when calcium, salt, and sodium guarantees are given in the guaranteed analysis, they shall be stated and meet the following, if the minimum is:

(i) below 2.5%, the maximum may not exceed the minimum by more than 0.5 percentage points;

(ii) 2.5% but less than 5.0%, the maximum may not exceed the minimum by more than one percentage point; and

(iii) above 5.0% the maximum may not exceed the minimum by more than 20% of the minimum and the maximum may not ever exceed the minimum by more than five percentage points.

(b) guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus, and maximum fluorine and shall be listed in terms of percentage;

(c) other minimum mineral guarantees that shall be stated in ppm when the concentration is less than 10,000 ppm and in percentage when the concentration is 10,000 ppm (1%) or greater; and

(d) any products labeled with a quantity statement, tablets, capsules, granules, or liquids, may state mineral guarantees in milligrams (mg) per unit, consistent with the quantity statement and directions for use.

(3) Guarantees for minimum vitamin content of commercial feed shall be listed in the order specified and are stated in milligrams per pound, or in the following 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, in International Units per pound;

(d) vitamin E, in International Units per pound;

(e) concentrated oils and feed additive premixes containing vitamins A, D, or E, at the option of the distributor, in units per gram instead of units per pound;

(f) vitamin B-12, in milligrams or micrograms per pound;

(g) other vitamin guarantees for menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene shall express the vitamin activity in milligrams per pound; and

(h) any products labeled with a quantity statement for tablets, capsules, granules, or liquid, may state vitamin guarantees in milligrams per unit, consistent with the quantity statement and directions for use.

(4) Guarantees for drugs shall be stated in terms of percent by weight, except:

(a) drugs, present at less than 2,000 grams per ton, total, of commercial feed shall be stated in grams per ton of commercial feed;

(b) drugs, present at 2,000 or more grams per ton, total, of commercial feed, shall be stated in grams per pound of commercial feed; or

(c) the term "milligrams per pound" may be used for drugs in 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:

(i) complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources, shall be guaranteed as follows:

(A) " crude protein, minimum, ______ %"; and

(B) " this includes not more than ______ % equivalent crude protein from non-protein nitrogen ";

(ii) mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as "equivalent crude protein from non-protein nitrogen, minimum, ______ %"; or

(iii) 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 AAFCO shall be guaranteed as follows:

(A) " nitrogen, minimum, _ %"; or

(B) "equivalent crude protein from non-protein nitrogen, minimum, ______ %".

(b) for non-ruminants:

(i) complete feeds, supplements, and concentrates containing crude protein from all forms of non-protein nitrogen and added as listed, shall be labeled as follows:

(A) "crude protein, minimum ______ %;" or

(B) "This includes not more than ______ % equivalent crude protein which is not nutritionally available to species of animal for which feed is intended"; or

(ii) premixes, concentrates, or supplements intended for non-ruminants containing more than 1.25% equivalent crude protein from all forms of non-protein nitrogen and added as listed, shall 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 and conform to the following:

(a) colony forming units per gram (CFU/g) or per pound (CFU/lb.) consistent with the directions for use, or CFU per product unit, consistent with directions for use and the quantity statement; and

(b) a parenthetical statement following the guarantee shall list each species in order of predominance.

(8) Guarantees for enzymes shall be stated and conform to the following:

(a) units of enzymatic activity per unit weight or volume consistent with the directions for use, or units of enzymatic activity per product unit, such as tablets or capsules, consistent with the directions for use and the quantity statement; and

(b)(i) the source organism for each type of enzymatic activity specified, such as Protease, Bacillus subtilis, 5.5 mg amino acids liberated/min./ milligram; and

(ii) if two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

(9) Any guarantees for dietary starch, sugars, and fructans for commercial feeds, excluding customer-formula feed, and pet food and specialty pet food products, which appear on the label shall ensure:

(a) the labeling claim in any manner for levels of "dietary starch," "sugars," "fructans," or words of similar designation shall include:

(i) guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the guaranteed analysis section immediately following the last fiber guarantee; and

(ii) a maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products; and

(b) feeding directions state the proper use of the feed product and a recommendation to consult with a veterinarian or nutritionist for a recommended diet.

R68-2-7. Ingredients.

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name defined in the 2024 version of Chapter Six Official Feed Terms, Common or Usual Ingredient Names and Ingredient Definitions as published in the Official Publication and incorporated by reference into this rule, the common or usual name, or one approved by the department.

(2) Failure to list the ingredients of feeds in descending order by their predominance by weight in non-quantitative terms may be misleading.

(3) The name of each ingredient shall be shown in letters or type of the same size.

(4) No references to the quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(5) The term "dehydrated" may precede the name of any product that has been artificially dried.

(6) A single ingredient product defined by the AAFCOs is not required to have an ingredient statement.

(7) Tentative definitions for ingredients may not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition exists or the ingredient has common accepted name that requires no definition, such as sugar.

(8) When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.0007% iodine, uniformly distributed.

(9) Each carrier shall be listed in the ingredient statement on the label unless it meets the criteria for an incidental ingredient as defined in the January 2017 version of the 21 CFR 501.100(a)(3).

R68-2-8. Directions for Use and Precautionary Statements.

(1) Directions for use and precautionary statements on the labeling of commercial feeds and customer-formula feeds containing additives, including drugs, special purpose additives, or non-nutritive additives, shall be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use articles.

(2) Feeds containing non-protein nitrogen as specified in Section R68-2-9 require adequate directions for use and precautionary statements.

(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.

(4)(a) Raw milk distributed as commercial feed shall bear the following statement: "WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA."

(b) The statement in Subsection R68-2-8(4)(a) must be clearly visible and use a font no smaller than the minimum size required for the quantity statement as outlined in Section R70-910-3, and as shown in Table 11.

TABLE 11

Raw Milk Warning Statement Size

If Panel Size Is:

Use Minimum Warning Statement Type Size:

Less than or equal to 5 square inches;

1/16 inches.

Greater than 5 or less than or equal to 25 square inches;

1/8 inches.

Greater than 25 or less than or equal to 100 square inches;

3/16 inches.

Greater than 100 or less than or equal to 400 square inches;

1/4 inches.

Greater than 400 square inches;

1/2 inches.

R68-2-9. Non-protein Nitrogen.

(1)(a) Urea and other non-protein nitrogen products defined in the Official Publication are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein.

(b) If the commercial feed contains more than 8.75% of equivalent crude protein from any form of non-protein nitrogen, or the equivalent crude protein from any form of non-protein nitrogen and added as listed, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED."

(c) The directions for use and the caution statement shall be of adequate type size and be placed on the label in a manner that they will be read and understood by ordinary persons under customary conditions of purchase and use.

(2) Feeding or use directions for those feeds in which more than 50% of the protein content is derived from non-protein nitrogen sources should include recommendations providing adequate supplies of drinking water, sources of energy, forages being fed, minerals, adaptation, "warm-up" periods and stress conditions when necessary.

(3)(a) Non-protein nitrogen as defined in the Official Publication, when so indicated, are acceptable ingredient in commercial feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein.

(b) The maximum equivalent crude protein from non-protein nitrogen sources when used in non-ruminant rations may not exceed 1.25% of the total daily ration.

(4) On labels for medicated feeds that bear adequate feeding directions or warning statements, the presence of added non-protein nitrogen may not require a duplication of the feeding directions or the precautionary statements if those statements include sufficient information to ensure the safe and effective use of the product due to the presence of non-protein nitrogen.

R68-2-10. Drugs and Additives in Feed.

(1) Before the approval of a registration application or approval of a label for commercial feed that contains additives, including drugs, other special purpose additives, or non-nutritive additives, the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions furnished on the label.

(2) Satisfactory evidence of safety and efficacy of a commercial feed include:

(a) the commercial feed contains additives, the use of which conforms to the requirements of the applicable section in Title 21, Code of Federal Regulations, or which are "prior sanctioned", "informal review sanctioned", or "generally recognized as safe" for use;

(b) the commercial feed is itself a drug as defined in 21 CFR 510.3 (January 3, 2017) and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under 21 CFR 584 (August 2, 2024);

(c) one of the purposes for feeding a commercial feed is to impart immunity, and the constituent's imparting immunity has been approved for the purpose through the Federal Virus, Serum and Toxins Act of 1913 21 USC Ch. 5;

(d) the commercial feed is a direct fed microbial product, which includes;

(i) the product meets the particular fermentation product definition;

(ii) the microbial content statement, as expressed and appears on the labeling, is limited to the following: "Contains a source of live, viable, naturally occurring microorganisms."; and

(iii) the source is stated with a corresponding guarantee expressed in accordance with Subsection R68-2-6(6); and

(e) the commercial feed is an enzyme product, which includes:

(i) the product meets the particular enzyme definition defined by AAFCO; and

(ii) the enzyme is stated with a corresponding guarantee expressed in accordance with Subsection R68-2-6(7).

R68-2-11. Adulterants.

(1) The terms "poisonous or deleterious substances" include:

(a) fluorine and any mineral or mineral mixture that is used directly for the feeding of domestic animals and the fluorine exceeds;

(i) 0.20% for breeding and dairy cattle;

(ii) 0.30% for slaughter cattle;

(iii) 0.30% for sheep;

(iv) 0.35% for lambs;

(v) 0.45% for swine; or

(vi) 0.60% for poultry;

(b) fluorine bearing ingredients when used in amounts that raise the fluorine content of the total ration, exclusive of roughage, above the following amounts:

(i) 0.004% for breeding and dairy cattle;

(ii) 0.009% for slaughter cattle;

(iii) 0.006% for sheep;

(iv) 0.01% for lambs;

(v) 0.015% for swine; or

(vi) 0.03% for poultry.

(c) fluorine bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage, with or without, limited amounts of grain, which results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight;

(d) soybean meal, flakes or pellets or other vegetable meals, flakes or pellets that have been extracted with trichlorethylene or other chlorinated solvents;

(e) sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients that are considered or reported to be a significant source of vitamin B1, Thiamine; or

(f) raw leather residue from tanning or leather manufacturing.

(2) Any screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of the weed seeds so that the finished product contains no more than six viable prohibited weed seeds per pound.

KEY: feed contamination, animal commercial feed, pet homemade treats, pet food

Date of Last Change: October 24, 2024

Notice of Continuation: December 9, 2024

Authorizing, and Implemented or Interpreted Law: 4-12-103, 4-12-105(3); 4-12-102(4)(a)(iii)