2010 Wyoming Statutes
Title 11 - Agriculture, Livestock And Other Animals
Chapter 13 - Commercial Feed

CHAPTER 13 - COMMERCIAL FEED

 

11-13-101. Short title.

 

This act may be cited as the "Wyoming Commercial Feed Law."

 

11-13-102. Definitions; exemptions.

 

 

(a) As used in this act:

 

(i) "Association of America Feed Control Officials (AAFCO)" means officials of any state, dominion, federal or other governmental agency in North America, and employees thereof charged with the responsibility of enforcing laws regulating the production, labeling, distribution or sale of animal feeds;

 

(ii) "Association of Official Analytical Chemists (AOAC)" means government and industry officials charged with developing analytical methods and the collaborative testing of those methods, validating data and accepting or rejecting those methods for use;

 

(iii) "Brand name" means any word, name, symbol, device or any combination thereof identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;

 

(iv) "Commercial feed" means all liquid or solid materials or combination of materials, including custom formula feed, medicated feed and mineral feed, which are distributed or intended for distribution for use as feed or for mixing in feed for animals other than man except the following:

 

(A) Unmixed seed, whole or processed, made directly from the entire seed, or unmixed or unprocessed whole seeds;

 

(B) Raw meat, hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed with other materials, and are not adulterated within the meaning of W.S. 11-13-106(c)(ii).

 

(v) "Contract feeder" means a person who as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby the commercial feed is supplied, furnished or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product;

 

(vi) "Custom formula feed" means commercial feed which consists of a mixture of commercial feeds or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser;

 

(vii) "Department" means the state department of agriculture;

 

(viii) "Director" means the director of the department of agriculture;

 

(ix) "Distribute" means to offer for sale, sell, exchange or barter commercial feed or to supply, furnish or otherwise provide commercial feed;

 

(x) "Distributor" means any person who distributes;

 

(xi) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body;

 

(xii) "Feed" means commercial feed, pet food and specialty pet food;

 

(xiii) "Feed ingredient" means each of the constituent materials making up a commercial feed;

 

(xiv) "Label" means a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed or custom formula feed is distributed;

 

(xv) "Labeling" means all labels and other written, printed or graphic matter upon a commercial feed, any of its containers or wrappers, or accompanying such commercial feed;

 

(xvi) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution;

 

(xvii) "Medicated feed" means any commercial feed which contains drug ingredients intended for the cure, mitigation, treatment or prevention of diseases of animals, or which contains drug ingredients intended to affect the structure or any function of the body of animals;

 

(xviii) "Mineral feed or mixture" means a commercial feed designed or intended to supply primarily mineral elements or inorganic nutrients;

 

(xix) "Official sample" means any sample of feed taken by and designated as official by the director or his agent;

 

(xx) "Percent" or "percentage" means percentage by weight;

 

(xxi) "Pet" means any domesticated animal normally maintained in or near the household of the owner thereof;

 

(xxii) "Pet food" means any commercial feed prepared and distributed for consumption by pets;

 

(xxiii) "Product name" means the name of the commercial feed which identifies it as to kind, class or specific use;

 

(xxiv) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles;

 

(xxv) "Specialty pet food" means any commercial feed prepared and distributed for consumption by a specialty pet;

 

(xxvi) "Ton" means a net weight of two thousand (2,000) pounds avoirdupois;

 

(xxvii) "This act" means W.S. 11-13-101 through 11-13-110.

 

(b) The names and definitions for commercial feeds shall be the official definition of feed ingredients adopted by the Association of American Feed Control Officials (AAFCO) and the director, except as he designates otherwise in specific cases, or as specified in this section.

 

(c) The terms used in reference to commercial feeds shall be the official feed terms adopted by the Association of American Feed Control Officials and the director, except as he designates otherwise in specific cases or as specified in this section.

 

(d) Individual chemical compounds and substances are hereby declared exempt from the definition of "commercial feed" under the provisions of this act. The director may exempt a product from the provisions of this act if he finds that the product meets the following criteria:

 

(i) There is an adopted Association of American Feed Control Officials definition for the product;

 

(ii) The product is either generally recognized as safe or is not covered by a specific food and drug administration regulation;

 

(iii) The product is either a natural occurring product of relatively uniform chemical composition or is manufactured to meet the Association of American Feed Control Officials definition of the product;

 

(iv) The use of the product in the feed industry constitutes a minor portion of its total industrial use;

 

(v) Small quantities of additives, which are intended to impart special desirable characteristics shall be permitted; and

 

(vi) There is no need or problem of control of this product.

 

(e) Nothing in this act shall apply to any contract feeder as defined by this act.

 

11-13-103. Labels.

 

 

(a) Every lot, package or parcel of commercial feed sold, offered for sale or distributed within this state shall have a tag or label affixed in a conspicuous place on the outside, containing a legible printed statement clearly and truly certifying:

 

(i) The product name and the brand name, if any, under which the commercial feed is distributed;

 

(ii) A purpose statement which shall contain the specific species and animal class for which the feed is intended. The manufacturer shall have flexibility in describing in more specific common language the defined animal class, specie and purpose while being consistent with the category of animal class, which may include but not be limited to the weight range, sex or ages of the animals for which the feed is manufactured. The purpose statement may be excluded from the label if the product name includes a description of the species and animal class for which the product is intended;

 

(iii) The guaranteed analysis stated in such terms that will advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods. The guaranteed analysis shall contain the following information:

 

(A) The minimum percent of crude protein;

 

(B) The percent of added approved synthetic nitrogen sources reported as protein, for ruminant feeding only;

 

(C) The minimum percent of crude fat;

 

(D) The maximum percent of crude fiber;

 

(E) The vitamin content as listed;

 

(F) The month and year of preparation or lot number, all legibly printed;

 

(G) The maximum percent of water in the case of liquid commercial feeds; and

 

(H) Other substances or elements, determinable by laboratory methods, guaranteed by permission of the director.

 

(iv) The common or usual name of each ingredient used in the manufacture of commercial feed. The name of each ingredient shall be defined in the official publication of the Association of American Feed Control Officials, common or usual name, or one (1) approved by the director. The use of a collective term for a group of ingredients which perform a similar function shall be permitted. Collective terms for 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 may be used provided 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; and

 

(B) The manufacturer shall provide the department, 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 this state.

 

(v) Directions for use and any warning or precaution statements;

 

(vi) The name and principal address of the manufacturer or person responsible for distributing the commercial feed;

 

(vii) The net weight of the contents of the package, lot or parcel stated in the required avoirdupois;

 

(viii) For medicated feeds:

 

(A) The word "medicated" shall appear directly below the product name;

 

(B) The guaranteed analysis of the drug or medication used, expressed in terms respective to the type of drug or medication used; and

 

(C) A claim statement shall be included in the labeling.

 

(b) A custom formula feed shall be accompanied by a label, invoice, delivery slip or other shipping document and be supplied to the purchaser at the time of delivery bearing the following information:

 

(i) Name and address of the manufacturer;

 

(ii) Name and address of the purchaser;

 

(iii) Date of sale or delivery;

 

(iv) The custom formula feed name, product name and brand name, if any, and number of pounds of each registered commercial feed used in the mixture and the name and number of pounds of each other feed ingredient added;

 

(v) The net weight of the contents of the package, lot or parcel, stated in the required avoirdupois; and

 

(vi) The directions for use and any precautionary statements for all custom formula feeds containing drugs and for such other feeds as necessary for their safe and effective use. Any custom formula feeds containing drugs or medications shall also be provided as outlined in subsection (a) of this section with a claim statement and the guaranteed analysis of the drug or medication used, expressed in terms respective to the type of drug or medication used. Should any custom formula feed be distributed to any other person than the final purchaser for whom the feed was made, it shall be considered a commercial feed and shall meet all labeling and registration requirements of a commercial feed as outlined in this act.

 

(c) Every lot, package or parcel of mineral mixtures sold, offered for sale or distributed as commercial feed within this state shall have a tag or label affixed in a conspicuous place on the outside containing a legible printed statement truly certifying:

 

(i) The net weight of the contents of the package, lot or parcel stated in the required avoirdupois;

 

(ii) The product name and brand name, if any, under which the mineral mixture is distributed;

 

(iii) The name and principal mailing address of the manufacturer or person responsible for distributing the mineral mixture;

 

(iv) The minimum and maximum percent of calcium (Ca) subject to the following limitations:

 

(A) The maximum percent of calcium shall not exceed by more than twenty percent (20%) the minimum percent of calcium unless the minimum percent of calcium is five percent (5%) or less, in which case the maximum percent of calcium may exceed the minimum by one percent (1%) of calcium; and

 

(B) Where limestone is used as a source of calcium in livestock minerals sold in Wyoming, no limestone shall be used which contains less than ninety percent (90%) of calcium carbonate (CaCO3).

 

(v) The minimum percent of phosphorus (P);

 

(vi) The minimum percent of iodine (I);

 

(vii) The maximum percent of sodium chloride (NaCl);

 

(viii) The specific generic name of each ingredient used in its manufacture.

 

(d) The crude protein, crude fat, crude fiber, vitamins and minerals shall be determined by the methods in force at the time by the Association of Official Analytical Chemists.

 

11-13-104. Powers and duties of director generally.

 

 

(a) The director shall enforce the provisions of this chapter and may prescribe the form of tags, stamps or labels to be used to show that the registration has been properly filed. The director may prescribe and enforce rules and regulations relating to the sale of commercial feed he deems necessary and may adopt such standards and definitions to carry into effect the full intent and meaning of the law.

 

(b) The director may refuse to register any commercial feed under a name, brand or trademark which would tend to mislead or deceive as to the materials of which it is composed, or when the specific name of each ingredient used in its manufacture is not stated except for those feeds that utilize collective terms in the labeling. He may refuse registration of any application not in compliance with the law and may cancel any registration subsequently found not to be in compliance with the law. No registration shall be refused or cancelled until the registrant has been given opportunity to be heard before the director and to amend his application in order to bring it into compliance.

 

(c) An applicant may appeal the refusal to register a product in accordance with the Wyoming Administrative Procedure Act.

 

11-13-105. Registration; fees; disposition thereof.

 

 

(a) Each commercial feed except custom formula feeds shall be registered before being distributed in this state. The application for registration shall be submitted on forms furnished by the director, and if the director requests, shall also be accompanied by a label or other printed matter describing the product. Upon approval by the director or his agent, a copy of the registration shall be furnished to the applicant. All registrations are effective from the date of approval and expire on December 31 each year. The director may permit on the registration the alternative listing of ingredients of comparable feed value, but the label for each package shall state the specific ingredients in the package except for those feeds which utilize collective terms in the labeling.

 

(b) A distributor is not required to register any brand of commercial feed which is already registered under this act by another person.

 

(c) Changes in the chemical or ingredient composition of a registered commercial feed may be permitted if there is satisfactory evidence that such changes do not result in lowering the feed value of the product for the purpose for which designed.

 

(d) Each application for registration shall be accompanied with a twenty dollar ($20.00) registration fee per mixture or formula. The registration fee shall be deposited in the state general fund.

 

11-13-106. Right of access to establishments and information relating to manufacturing; sampling and analysis.

 

 

(a) The director or his agent shall have access during normal business hours to establishments or facilities in which commercial feed is manufactured, transported or held for distribution, and to information relating to manufacture, transportation or distribution of the feed for purposes of sampling and inspection.

 

(b) The methods of sampling and analysis shall be those adopted by the director from the Association of Official Analytical Chemists. In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the director may adopt such appropriate methods from other sources. The director, in determining whether a commercial feed is deficient in any component, shall be guided solely by the official sample analyzed in accordance with the methods so adopted. A deficiency in an official sample of commercial feed resulting from nonuniformity during packaging is deemed to be a deficiency for the purposes of this act. For purposes of this act, the results of official analysis shall be final, unless it is determined by the director that a resample is warranted. If a distributor or registrant requests a resample of a commercial feed based upon the director's findings of a deficiency, all costs associated with the resampling and analysis shall be borne by the distributor or registrant. If the results of the resampling establish the result of the first analysis was invalid, the department shall bear the costs associated with the resampling. Any requests for a resample to the director shall be made in writing.

 

 

 

(c) When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the director to the distributor and the purchaser. The following shall apply:

 

(i) A commercial feed shall be deemed to be misbranded if:

 

(A) Its labeling is false or misleading in any particular;

 

(B) It is distributed under the name of another commercial feed;

 

(C) It is not labeled as required in W.S. 11-13-103;

 

(D) It purports to be or is represented as a commercial feed or if it purports to contain or is represented as containing a commercial feed unless such feed conforms to the definition outlined by the official publication of the Association of American Feed Control Officials, except as the director designates otherwise in specific cases;

 

(E) Any word, statement or other information required by or under the authority of this act does not appear conspicuously on the label, and in such terms that the ordinary person under customary conditions of purchase and use would not understand;

 

(F) The commercial feed is short weight. All provisions for enforcement of items found to be short weight shall be administered by the department under W.S. 40-10-117 through 40-10-136 of the Wyoming weights and measures law.

 

(ii) A commercial feed shall be deemed to be adulterated if:

 

(A) It bears or contains any poisonous or deleterious substance which may render it injurious to health, but in case the substance is not an added substance, such commercial feeds shall not be considered adulterated under this subsection if the quantity of such substance does not ordinarily render it injurious to health;

 

(B) It contains an unapproved food and drug administration drug, medication or animal remedy;

 

(C) Any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;

 

(D) It contains any prohibited noxious weed seeds or exceeds the tolerance established on restricted noxious weed seeds pursuant to W.S. 11-12-104 or exceeds two percent (2%) of viable common weed seeds by weight.

 

11-13-107. Warning to distributor; seizure and order of disposition; application for release.

 

 

(a) When the director or his authorized agents find that an article is unregistered, mislabeled or misbranded, adulterated or that it does not conform to its label guarantee, he may issue a written statement warning the distributor that the article is considered to be in violation of the law. This statement is a warning only, to the distributor that if the article is distributed further the director may bring proceedings. If the distributor or manufacturer heeds the warning and corrects the violation within the time allowed by the director, no further action will be taken.

 

(b) Any lot of commercial feed not in compliance with requirements of law and regulations is subject to seizure on complaint of the director to a court of competent jurisdiction in the area in which the commercial feed is located. If the court finds the commercial feed in violation and orders the condemnation of the feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state. In no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the feed or for permission to process or relabel the feed to bring it into compliance with the law.

 

11-13-108. Prohibited acts; penalty; additional sanctions.

 

 

(a) It is unlawful for any person to:

 

(i) Sell or distribute in this state any commercial feed without having attached or furnished such stamps, labels or tags as required by law;

 

(ii) Impede, prevent or attempt to prevent the director or his agent in the performance of his lawful duties;

 

(iii) Sell, offer for sale or distribute in this state any commercial feed without complying with the requirements of law;

 

(iv) Sell or distribute in this state any commercial feed which contains a smaller percentage of crude protein or crude fat or a larger percentage of crude fiber than is certified to be contained therein;

 

 

 

(v) Fail to properly state the specific name of each ingredient used in its manufacture except for those feeds which utilize collective terms in the labeling; or

 

(vi) Sell or distribute in this state any commercial feed which has not been registered with the department as required by this act.

 

(b) Any person who violates any of the provisions of this section shall be fined not more than one hundred dollars ($100.00) for the first violation and not less than one hundred dollars ($100.00) for each subsequent violation.

 

(c) In addition to the penalty provided in subsection (b) of this section, the distribution of any commercial feed mixed or adulterated with any substance injurious to livestock or pets is subject to seizure, condemnation and sale as the court may direct, the proceeds from such sale to be deposited in the state general fund. The court may in its discretion release the feed seized when the requirements of law have been complied with, and upon payment of all costs and expenses incurred by the state in any proceedings connected with the seizure.

 

11-13-109. Promulgation of rules and regulations.

 

The director is authorized to promulgate such rules and regulations for commercial feeds as may be necessary for the efficient enforcement of this act. Procedures for promulgation shall be those outlined in the Wyoming Administrative Procedure Act.

 

11-13-110. Cooperation with other entities.

 

The director may cooperate with and enter into agreements with governmental agencies of this state, other states and agencies of the federal government in order to carry out the purpose and provisions of this act.