Oregon Bulletin
Rule
Caption: Updating scientific names,
corrects typos, add Sherman County to cherry fruit fly control area.
Adm.
Order No.: DOA 11-2011
Filed with Sec. of
State: 7-20-2011
Certified to be
Effective: 7-20-11
Notice Publication
Date: 5-1-2011
Rules Amended: 603-052-0030, 603-052-0150, 603-052-0153,
603-052-0160, 603-052-0187, 603-052-0265
Subject: Housekeeping changes updated scientific names in the
following control areas: Wasco County Control Area Apple Maggot, San Jose
Scale, and Codling Moth; Jackson County Control Area Pear, and Apple Insects;
Josephine County Control Area Apple Maggot; and Hood River County Control and
Eradication of Insects and Diseases in Pear, Quince, Apple, Peach, and Apricot
Trees and Orchards. Corrected typos in plum curculio quarantine. Added Sherman
County to Cherry Fruit Fly control area due to expansion of cherry industry
into Sherman County, change facilitated marketing Sherman County cherries to
California.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-052-0030
Plum Curculio Quarantine
A quarantine is established against the following pest,
its host and possible carriers:
(1) Pest. Plum curculio, Conotrachelus nenuphar
(Herbst) (Coleoptera: Curculionidae), is a native weevil found
throughout the eastern United States and Canada. It is a common and serious
pest of all stone fruits and, to a lesser extent, of apple and pear. The larvae
live within the fruit of their host plants.
(2) Area Under Quarantine:
(A) In the eastern United States and Canada, all states
and provinces east of and including Manitoba, North Dakota, South Dakota,
Nebraska, Kansas, Oklahoma and Texas.
(B) In Utah, Box Elder County.
(3) Articles and Commodities Covered:
(a) Fresh fruit of all plants listed below:
(A) Apple (Malus spp.);
(B) Apricot (Prunus persica)
(C) Cherry, black (P. serotina);
(D) Cherry, Choke (P. virginiana);
(E) Cherry, pin (P. pensylvanica);
(F) Cherry, sand (P. pumila);
(G) Cherry, sour (P. cerasus);
(H) Cherry, sweet (P. avium);
(I) Crabapple (Malus spp.);
(J) Hawthorn (Crataegus spp.);
(K) Nectarine (Prunus persica nectarina);
(L) Peach (P. persica);
(M) Pear (Pyrus communis);
(N) Plum, American (wild) (Prunus alleghaniensis)
(O) Plum, beach (P. maritima);
(P) Plum, European (P. domestica);
(Q) Plum, Japanese (P. salicina);
(R) Prune (P. spp.)
(S) Quince (Cydonia oblonga).
(b) Soil or other growing medium within the drip zone
of plants producing, or which have produced, fruit as listed in subsection (a)
of this section.
(4) Restrictions:
(a) Certification Required. Articles and commodities
covered which are produced in or shipped from the area under quarantine are
prohibited entry into the state of Oregon unless each lot or shipment is accompanied
by a certificate issued by and bearing the original or facsimile signature of
the authorized agricultural official of the state from which the article or
commodity is shipped evidencing compliance with subsections (c), (d), (f), or
(g) of this section. No certificate is required for commodities meeting the
requirements of subsections (b) or (e) of this section;
(b) Reshipments in Original Containers from Area Under
Quarantine of Commodities Grown Outside Thereof. Commodities in original
unopened containers, each bearing labels or other identifying marks evidencing
origin outside the area under quarantine, may be reshipped to this state from
any point within the area under quarantine;
(c) Repacked Commodities Admissible from Area Under
Quarantine if Certified Grown Outside Thereof. Provided each lot or shipment is
certified by an authorized agricultural official to have been grown outside the
area under quarantine and that continued identity has been maintained while
within the area under quarantine, the commodities may be repacked and shipped
by common carrier from any point within the area under quarantine to this
state. The certificate shall set forth the state in which commodities were
grown, point of repacking and reshipment, amount and kind of commodities
comprising the lot or shipment, and the names and addresses of the shipper and
consignee;
(d) Apple Exposed to Controlled Atmosphere (CA) Storage
Admissible Under Certificate. Apples which are exposed to controlled atmosphere
(CA) storage for a continuous period of ninety (90) days, during which period
the temperature within the storage room is maintained at thirty-eight degrees
(38°) F (3.3° C) or less, may be admitted into Oregon provided said storage
room or building is approved by the proper authorities in the state of origin
as a controlled atmosphere facility and further provided each lot or shipment
of such apples to Oregon is accompanied by a certificate, as stated in subsection
(a) of this section, evidencing compliance with the minimum requirements of
this section;
(e) Solid Frozen Fruits Exempt. No restrictions are
placed by this regulation on the entry into this state of fruits which upon
arrival are frozen solid and which are under refrigeration to assure their
solid frozen state;
(f) Shipments from Cold Storage at 32° F (0° C).
Commodities covered which are held in cold storage for a continuous period of
forty (40) days or more, during which period the temperature within the storage
room is maintained at thirty-two degrees Fahrenheit (32° F) (0° C) or less, may
be admitted into Oregon provided each lot or shipment is accompanied by a
certificate, as stated in subsection (a) of this section, evidencing compliance
with the minimum requirements of this paragraph;
(g) Soil or Growing Media When Certified. Soil or
growing media specified in subsection (3)(b) of this rule is admissible when
certified as treated at origin in a manner approved by the Director
Stat. Auth.: ORS 561 & 570.305
Stats. Implemented: ORS 561.190,
561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 19-1994, f. & cert.
ef. 11-15-94; DOA 11-2011, f. & cert. ef. 7-20-11
603-052-0150
Control Areas and Procedures
(1) As authorized by ORS 570.405 to 570.435, a control
area is established in each of the following counties for the protection of the
cherry industry in that area through the eradication or control of the cherry
fruit fly:
(a) Hood River County;
(b) Lane County;
(c) Linn County;
(d) Marion County;
(e) Polk County;
(f) Sherman County;
(g) Umatilla County;
(h) Union County;
(i) Yamhill County; and
(j) The portion of Wasco county, north of Warm Springs
Reservation.
(2) Approved IPM practices, including spray
formulations, are those recommended by the Oregon State Extension Service as
described for specific control areas in the following extension documents:
(a) For Hood River and Wasco counties: Pest Management
Guide for Tree Fruits in the Mid-Columbia Area. EM 8203, Oregon State
University Extension Service.
(b) For Lane, Linn, Marion, Polk and Yamhill counties:
Pest Management Guide for the Willamette Valley, EM 8329, Oregon State
University Extension Service.
(c) For Umatilla and Union counties Cherry Fruit Fly
Pest Management for control areas in Umatilla and Union counties. EM 8587,
Oregon State University Extension Service.
[Publications:
Publications referenced are available from the agency.]
Stat. Auth.: ORS 570
Stats. Implemented: ORS 561.190,
561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 603, f. & ef.
10-31-58; AD 974(7-72), f. 7-27-72, ef. 8-15-72; AD 1073(19-75), f. & ef.
12-5-75; AD 11-1977, f. 5-10-77, ef. 5-20-77; DOA 4-2005, f. & cert. ef.
2-14-05; DOA 1-2006, f. & cert. ef. 1-13-06; DOA 2-2007, f. & cert. ef.
1-30-07; DOA 11-2011, f. & cert. ef. 7-20-11
603-052-0153
Definitions
As used in OAR 603-052-0154 to 603-052-0158, unless the
context requires otherwise:
(1) “Host Tree” means cherry (Prunus spp.),
pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus
spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis
pomonella) as may be deemed necessary by the Department.
(2) “Insect” means Apple Maggot (Rhagoletis
pomonella)(Walsh), San Jose Scale (Diaspidiotus perniciosus)(Comstock)
and Codling Moth (Cydia pomonella)(Linnaeus).
Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190,
561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 13-1981, f. 7-24-81, ef.
8-7-81; DOA 3-2009, f. & cert. ef. 2-13-09; DOA 11-2011, f. & cert. ef.
7-20-11
603-052-0160
Definitions
As used in OAR 603-052-0165 to 603-052-0185, unless the
context requires otherwise:
(1) “Host Tree” means Pear (Pyrus spp.), apples
(Malus spp.) and Hawthorns (Crataegus spp.) and may include other
rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) deemed necessary
by the Oregon Department of Agriculture.
(2) “Insect” means Codling Moth (Cydia pomonella)(Linnaeus),
Apple Maggot (Rhagoletis pomonella), and Pear Pyslla (Psylla pyricola)(Foester).
Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190,
561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 3-1977, f. 2-9-77, ef.
3-1-77; AD 16-1981, f. 7-24-81, ef. 8-7-81; DOA 3-2009, f. & cert. ef.
2-13-09; DOA 11-2011, f. & cert. ef. 7-20-11
603-052-0187
Definitions
As used in OAR 603-052-0188 to 603-052-0192, unless the
context requires otherwise:
(1) “Host Tree” means pears (Pyrus spp.), apples
(Malus spp.) and Hawthorns (Crataegus spp.) and may include other
rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) as may be
deemed necessary by the Oregon Department of Agriculture.
(2) “Insect” means Apple Maggot (Rhagoletis
pomonella)(Walsh). efforts by enabling areawide spraying programs of commercial
orchards in the control area.
Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190,
561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415
Hist.: AD 17-1981, f. 7-24-81, ef.
8-7-81; DOA 11-2011, f. & cert. ef. 7-20-11
603-052-0265
Definitions
As used in OAR 603-052-0260 to 603-052-0280, unless the
context requires otherwise:
(1) “Disease Organisms” means the diseases Pseudomonas
blight (Pseudomonas syringae), Coryneum blight (Coryneum carpophilum),
Peach leaf curl (Taphrina deformans), Fire blight (Erwinia amylovora),
and Apple scab (Venturia inaequalis).
(2) “Host Plant” or “Host Tree” means Pear (Pyrus
spp.), Quince (Cydonia spp.). Apple (Malus spp.), Peach
(Prunus spp.), and Apricot (Prunus spp.), Hawthorn (Crataegus spp.),
and may include other rosaceous hosts of Apple Maggot as deemed necessary by
the Oregon Department of Agriculture.
(3) “Insect” means Codling Moth (Cydia pomonella)(Linnaeus),
Oriental Fruit Moth (Grapholitha molesta)(Busck), Pear psylla (Psylla
pyricola)(Foerster), San Jose Scale
(Diaspidiotus perniciosus)(Comstock), Shot Hole Borer (Scolytus
rugulosus)(Müller), Apple Maggot (Rhagoletis pomonella)(Walsh) and
Peach Twig Borer (Anarsia lineatella Zeller).
Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS 561.190,
561.510 –561.600, 570.305, 570.405 & 570.410 –570.415
Hist.: AD 818(6-66), f. 4-12-66,
ef. 4-27-66; AD 874(5-68), f. 4-1-68, ef. 4-15-68; AD 1106(27-76), f. & ef.
9-15-76; AD 14-1981, f. 7-24-81, ef. 8-7-81; DOA 16-2008, f. & cert. ef.
7-11-08; DOA 3-2009, f. & cert. ef. 2-13-09; DOA 11-2011, f. & cert.
ef. 7-20-11
Rule
Caption: Amendment to update Confined
Animal Feeding Operation (CAFO) Annual Compliance fees.
Adm.
Order No.: DOA 12-2011(Temp)
Filed with Sec. of
State: 7-22-2011
Certified to be
Effective: 7-22-11 thru 1-18-12
Notice Publication
Date:
Rules Amended: 603-074-0020
Subject: This temporary rule amendment will allow the
department to collect the newly increased annual fees from CAFOs for the
2011–2012 fiscal year. Their increased fees will replace General Fund
monies that the Legislature removed from the CAFO program 2011–2013
budget.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-074-0020
Permit Fees
Any person owning or operating a Confined Animal
Feeding Operation (CAFO) under a National Pollutant Discharge Elimination
System (NPDES) or Water Polution Control Facility (WPCF) permit must pay the
following fees:
(1) Initial filing fee: $50.00.
(2) Annual fee:
(a) The annual fee shall be paid to the department and
be effective with the state’s fiscal year July 1–June 30 and shall be
paid no later than July 31.
(b) Annual fees are described in the table below:
[Table not included. See ED. NOTE.]
(3) Any additional fees required by OAR 340-045-0075.
[ED. NOTE: Tables referenced are
available from the agency.]
Stat. Auth.: ORS 561.190 &
561.191
Stats. Implemented: OL Ch. 248, HB
2156
Hist.: AD 12-1990, f. & cert.
ef. 6-4-90; AD 8-1994, f. & cert. ef. 7-26-94; DOA 15-2001(Temp), f. &
cert. ef. 7-2-01 thru 12-28-01; DOA 28-2001, f. & cert. ef. 12-31-01; DOA
30-2003, f. 9-11-03, cert. ef. 10-1-03; DOA 12-2011(Temp), f. & cert. ef.
7-22-11 thru 1-18-12
Rule
Caption: Labeling and product registration
rules for animal feeds.
Adm.
Order No.: DOA 13-2011
Filed with Sec. of
State: 8-12-2011
Certified to be
Effective: 8-12-11
Notice Publication
Date: 5-1-2011
Rules Adopted: 603-058-0110, 603-058-0120, 603-058-0125, 603-058-0130,
603-058-0140, 603-058-0150, 603-058-0160, 603-058-0170, 603-058-0180,
603-058-0190, 603-058-0200, 603-058-0210, 603-058-0220, 603-058-0230,
603-058-0240, 603-058-0250, 603-058-0260, 603-058-0270, 603-058-0280,
603-058-0290
Rules Repealed: 603-058-0001, 603-058-0002, 603-058-0005,
603-058-0010, 603-058-0011, 603-058-0020, 603-058-0021, 603-058-0026,
603-058-0028, 603-058-0029, 603-058-0031, 603-058-0032, 603-058-0036,
603-058-0040, 603-058-0051, 603-058-0052, 603-058-0065, 603-058-0070
Subject: Replaces existing feed rules with model rules
developed by the American Association of Feed Control Officials. Rules appear
in same order as their sections appear on a feed label. Increases disclosure of
nutrients on custom dairy and hog feeds. Establishes action levels for
adulterants of concern to Oregon animal owners. Adds the requirement for manufacturers
to use a lot number. Establishes good manufacturing practices to reduce
adulteration. Adopts rules to prevent the amplification of bovine spongiform
encephalopathy via feed. Clarifies fee structure for company licenses. Provides
for referee samples at request of the animal feeder. Establishes timelines to
provide certificates of free sale to firms exporting commercial feeds.
Rules Coordinator: Sue Gooch—(503) 986-4583
603-058-0110
Definitions
In addition to the definitions set forth in ORS
633.006, and unless the context requires otherwise, the following shall apply
to ORS 633.015 to 633.089 and OAR 603-058-0110 to 603-058-0290:
(1) “Medicated Feed” means a commercial feed in
combination with a drug, as defined in subsection (10) of ORS 633.006.
(2) “Director” means the Director of the Oregon
Department of Agriculture.
(3) “Consultant-Formulated” feed means commercial feed
manufactured for a final purchaser based upon formula and/or specifications
developed for the feed purchaser by an independent consultant or feed
manufacturer.
(4) “Independent consultant” means any person who
provides animal nutritional formulation to a feed purchaser as a service rather
than the sale of feed.
(5) Principal Display Panel means the out-facing side
of the feed tag, or if no tag, the part of the label that is most likely to be
displayed, presented, shown or examined under normal or customary conditions of
sale.
(6) “Lot identifier” means a unique identifier for each
lot, batch or production run that enables the manufacturer to accurately trace
the complete manufacturing and distribution history of the product. A lot
identifier is an individual lot, batch or production run number, code, date, or
other suitable identification applied to the label, container, or package. In
the case of bulk feed the lot identifier is on a label, invoice, or shipping
document accompanying the feed.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0120
Label Format for Commercial Feeds
(1) Commercial feed, other than custom mixed feed,
shall bear the information prescribed in this regulation on the label of the
product and in the following format:
(a) Product name and brand name, if any, as stipulated
in OAR 603-058-0130(1);
(b) If a drug is used, label as stipulated in OAR
603-058-0130(2);
(c) Purpose statement as stipulated in OAR
603-058-0130(3);
(d) Guaranteed analysis as stipulated in OAR
603-058-0130(4);
(e) Feed ingredients as stipulated in OAR 603-058-0130(5);
(f) Directions for use and precautionary statements as
stipulated in OAR 603-058-0130(6);
(g) Name and principal mailing address and phone number
of manufacturer or persons responsible for distributing the feed as stipulated
in OAR 603-058-0130(7);
(h) Quantity statement as stipulated in OAR
603-058-0130(8);
(i) Lot Number as stipulated in OAR 603-058-0130(9).
(2) Principal Display Panel:
(a) The information as required in OAR
603-058-0120(1)(a), (b), (c) and (h) must appear in its entirety on the
principal display panel;
(b) The information as required in OAR
603-058-0120(1)(d), (e), (f), (g) and (i) shall be displayed in a prominent
place on the feed tag or label, but not necessarily on the principal display
panel;
(c) None of the information required by OAR
603-058-0120 shall be subordinated or obscured by other statements of designs.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0125
Label Format for Custom Feeds
(1) Customer mixed feed shall be accompanied with the
information prescribed in this regulation 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 custom mixed feed name and brand name if any;
(e) If intended for Dairy or swine it shall also bear
the guaranteed analysis as stipulated in OAR 603-058-0130(4);
(f) The product name and net quantity of each
registered commercial feed and each other ingredient used in the mixture;
(g) The directions for use and precautionary statements
as required by OAR 603-058-0130(6);
(h) If a drug containing product is used:
(A) The Purpose of the medication (claim Statement);
(B) The established name of each active drug ingredient
and the level of each drug used in the final mixture expressed in accordance
with OAR 603-058-0130(2).
(i) The statement: “This feed is formulated for “
insert name of final consumer”. No resale to other users is allowed.”
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0130
Label Information.
In addition to the requirements set forth in ORS
633.026, commercial feeds, other than custom mixed feed shall be labeled with
the information prescribed in this regulation.
(1) Product name and brand name if any:
(a) 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 commercial feed for a particular animal class, must be suitable
for that purpose;
(b) 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 name;
(c) 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 impart 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;
(d) The word “protein” shall not be permitted in the
product name of a feed that contains added non-protein nitrogen;
(e) 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 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.
E.G.: “Dairy 16%” containing only 14% Crude Protein is misleading;
(f) Single ingredient feeds shall have a product name
in accordance with the designated definition of feed ingredients as recognized
by the Association of American Feed Control Officials unless the Department
designates otherwise;
(g) 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 OAR 603-058-0130(4);
(h) The term “mineralized” salt 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 trace minerals, which are recognized as
essential for animal nutrition;
(i) 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-byproducts are made from cattle, swine, sheep
and goats.
(2) If a drug is used:
(a) The word “medicated” shall appear directly
following and below the product name in a type size, no smaller than one-half
the type size of the product name;
(b) Purpose statement as required in OAR
603-058-0130(3);
(c) The purpose of medication (claim statement);
(d) An Active ingredient statement listing the active
drug ingredients by their established name and the amounts in accordance with
OAR 603-058-0130(5).
(3) Purpose Statement:
(a) The statement of purpose shall contain the specific
species and animal class(s) for which the feed is intended as defined in OAR
603-058-0130(4);
(b) The manufacturer shall have 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 OAR 603-058-0130(4) which may include, but is not limited to weight
range(s), sex, or ages of the animal(s) for which the feed is manufactured;
(c) The purpose statement may be excluded from the
label if the product name includes a description of the species and animal
class(s) for which the product is intended;
(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;
(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.
(4) Guarantees of nutrients: Crude Protein, Equivalent
Crude Protein from Non Protein Nitrogen, Lysine, Methionine, Crude Fat, Crude
Fiber, Acid Detergent Fiber, Neutral Detergent Fiber, Dietary Starch, Sugars,
Fructans, Calcium, Phosphorus, Salt, Sodium, Magnesium, Potassium, Copper,
Selenium, Zinc and Vitamin A shall be the sequence of nutritional guarantees
when such guarantee is stated. Other required and voluntary guarantees should
follow Vitamin A in a general format such 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.
(a) Required guarantees for swine formula feeds:
(A) Animal Classes:
(i) Pre-Starter — 2 to 11 pounds;
(ii) Starter — 11 to 44 pounds;
(iii) Grower — 44 to 110 pounds;
(iv) Finisher — 110 to 242 pounds (market);
(v) Gilts, Sows and Adult Boars;
(vi) Lactating Gilts and Sows.
(B) Guaranteed Analysis for Swine Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Lysine;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium;
(vi) Minimum percentage of Phosphorus;
(vii) Minimum and maximum percentage of Salt (if
added);
(viii) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the maximum
salt guarantee terms of percentage;
(ix) Minimum Selenium in parts per million (ppm);
(x) Minimum Zinc in parts per million (ppm).
(b) Required guarantees for Formula Poultry Feeds
(Broilers, Layers and Turkeys):
(A) Animal Classes:
(i) Layer — Chickens that are grown to Produce
eggs for food, e.g., table eggs:
(I) Starting/Growing — From day of hatch to
approximately 10 weeks of age;
(II) Finisher — From approximately 10 weeks of
age to time first egg is produced. (Approximately 20 weeks of age at time of
egg production);
(III) Laying — From time of first egg is laid
throughout the time of egg production;
(IV) Breeders — Chickens that produce fertile
eggs for hatch replacement layers to produce eggs for food, table eggs, from
time first egg is laid throughout their productive cycle.
(ii) Broilers — Chickens that are grown for human
food:
(I) Starting/Growing — From day of hatch to
approximately 5 weeks of age;
(II) Finisher — From approximately 5 weeks of age
to market, (42 to 52 days);
(III) Breeders — Hybrid strains of chickens whose
offspring are grown for human food, (broilers), any age and either sex.
(iii) Broilers, Breeders — Chickens whose
offspring are grown for human food (broilers):
(I) Starting/Growing — From day of hatch until
approximately 10 weeks of age;
(II) Finishing — From approximately 10 weeks of
age to time first egg is produced, approximately 20 weeks of age;
(III) Laying — Fertile egg producing chickens
(broilers/ roasters) from day of first egg throughout the time fertile eggs are
produced.
(iv) Turkeys:
(I) Starting/Growing — Turkeys that are grown for
human food from day of hatch to approximately 13 weeks of age (females) and 16
weeks of age (males);
(II) Finisher — Turkeys that are 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);
(III) Laying — Female turkeys that are producing
eggs; from time first egg is produced, throughout the time they are producing
eggs;
(IV) Breeder-Turkeys that are grown to produce fertile
eggs, from day of hatch to time first egg is produced (approximately 30 weeks
of age), both sexes.
(B) Guaranteed Analysis for Poultry Complete feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Lysine;
(iii) Minimum percentage of Methionine;
(iv) Minimum percentage of Crude Fat;
(v) Maximum percentage of Crude Fiber;
(vi) Minimum and maximum percentage of Calcium;
(vii) Minimum percentage of Phosphorus;
(viii) Minimum and maximum percentage of Salt (if
added);
(ix) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee.
(c) Required Guarantees for Beef Cattle Formula Feeds:
(A) Animal Classes:
(i) Calves (birth to weaning);
(ii) Cattle on Pasture (may be specific as to
production stage; e.g. stocker, feeder, replacement heifers, brood cows, bulls,
etc.);
(iii) Feedlot Cattle.
(B) Guaranteed analysis for Beef Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of equivalent crude protein
from Non-Protein Nitrogen (NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium (if
added);
(vi) Minimum percentage of Phosphorus (if added);
(vii) Minimum and maximum percentage of Salt (if
added);
(viii) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds than furnished by the
maximum salt guarantee;
(ix) Minimum percentage of Potassium (if added);
(x) Minimum Vitamin A, other than precursors of Vitamin
A, in International Units per pound (if added).
(C) Guaranteed analysis for Beef Mineral Feeds (if
added):
(i) Minimum and maximum percentage Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum and maximum percentage of Salt;
(iv) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee;
(v) Minimum percentage of Magnesium;
(vi) Minimum percentage of Potassium;
(vii) Minimum Copper in parts per million (ppm);
(viii) Minimum Selenium in parts per million (ppm);
(ix) Minimum Zinc in parts per million (ppm);
(x) Minimum Vitamin A, other than precursors of Vitamin
A, international Units per pound.
(d) Required Guarantees for Dairy Formula Feeds:
(A) Animal Classes:
(i) Veal Milk Replacer — Milk Replacer to be fed
for veal production;
(ii) Herd Milk Replacer — Milk Replacer to be fed
for herd replacement calves;
(iii) Starter — Approximately 3 days to 3 months;
(iv) Growing Heifers, Bulls and Dairy Beef:
(I) Grower 1 — 3 months to 12 months of age;
(II) Grower 2 — More than 12 months of age.
(v) Lactating Dairy Cattle;
(vi) Non-Lactating Dairy Cattle.
(B) Guaranteed Analysis for Veal and Herd Replacement
Milk Replacer:
(i) Minimum percentage Crude Protein;
(ii) Minimum percentage Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage Calcium;
(v) Minimum percentage of Phosphorus;
(vi) Minimum Vitamin A, other than precursors of
Vitamin A, in international Units per pound (if added).
(C) Guaranteed Analysis for Dairy Cattle Complete Feeds
and Supplements:
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of Equivalent Crude Protein
from Non-Protein Nitrogen (NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Maximum percentage of Acid Detergent Fiber (ADF);
(vi) Minimum and maximum percentage of Calcium (if
added);
(vii) Minimum percentage of Phosphorus (if added);
(viii) Minimum Selenium in parts per million (ppm) (if
added);
(ix) Minimum Vitamin A, other than precursors of
Vitamin A, in International Units per pound (if added).
(D) Required Guaranteed Analysis for Dairy Mixing and
Pasture Mineral (if added):
(i) Minimum and maximum percentage of Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum percentage of Magnesium;
(iv) Minimum percentage of Potassium;
(v) Minimum Selenium in parts per million (ppm);
(vi) Minimum Vitamin A, other than the precursors of
Vitamin A, in International Units per pound.
(e) Required Guarantees for Equine Formula Feeds:
(A) Animal Classes:
(i) Foal;
(ii) Mare;
(iii) Breeding;
(iv) Maintenance.
(B) Guaranteed Analysis for Equine Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage of Calcium (if
added);
(v) Minimum percentage of Phosphorus (if added);
(vi) Minimum Copper in parts per million (ppm) (if
added);
(vii) Minimum Selenium in parts per million (ppm) (if
added);
(viii) Minimum Zinc in parts per million (ppm) (if
added);
(ix) Minimum Vitamin A, other than the precursors of A,
in International Units per pound (if added).
(C) Guaranteed Analysis for Equine Mineral Feeds (all
animal classes):
(i) Minimum and maximum percentage of Calcium;
(ii) Minimum percentage of Phosphorus;
(iii) Minimum and maximum percentage of Salt (if
added);
(iv) Minimum and maximum percentage of Sodium shall be
guaranteed only when the total sodium exceeds that furnished by the maximum
salt guarantee;
(v) Minimum Copper in parts per million (ppm) (if
added);
(vi) Minimum Selenium in parts per million (ppm) (if
added);
(vii) Minimum Zinc in parts per million (ppm) (if
added);
(viii) Minimum Vitamin A, other than precursors of
Vitamin A, in International Units per pound (if added).
(f) Required Guarantees for Sheep Formula Feeds:
(A) Animal Classes:
(i) Starter;
(ii) Grower;
(iii) Finisher;
(iv) Breeder;
(v) Lactating.
(B) Guaranteed Analysis for Sheep Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of equivalent crude protein
from Non-Protein Nitrogen (NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minimum and maximum percentage of Calcium;
(vi) Minimum percentage of Phosphorus;
(vii) Minimum and maximum percentage of Salt (if
added);
(viii) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee;
(ix) Minimum and maximum Copper in parts per million
(ppm) (if added, or if total copper exceeds 20 ppm);
(x) Minimum Selenium in parts per million (ppm) (if
added);
(xi) Minimum Vitamin A, other than precursors of
Vitamin A, in International Units per pound (if added).
(g) Required Guarantees for Goat Formula Feeds:
(A) Animal Classes:
(i) Starter;
(ii) Grower;
(iii) Finisher;
(iv) Breeder;
(v) Lactating.
(B) Guaranteed Analysis for Goat Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Maximum percentage of equivalent crude protein
from Non-Protein Nitrogen(NPN) when added;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of crude fiber
(v) Maximum percentage of Acid Detergent Fiber (ADF)
(vi) Minimum and maximum percentage of Calcium (if
added);
(vii) Minimum percentage of Phosphorus (if added);
(viii) Minimum and maximum percentage of sodium (if
added);
(ix) Minimum and maximum Copper in parts per million
(ppm) (if added). An additional statement of “no copper source added” is
allowed if accurate.
(x) Minimum Selenium in parts per million (ppm) (if
added);
(xi) Minimum Vitamin A, other than precursors of
Vitamin A, in International Units per pound (if added).
(h) Required Guarantees for Duck and Geese Formula
Feeds:
(A) Animal Classes:
(i) Ducks:
(I) Starter — 0 to 3 weeks of age;
II) Grower — 3 to 6 weeks of age;
(III) Finisher — 6 weeks to market;
(IV) Breeder Developer — 8 to 19 weeks of age;
(V) Breeder — 22 weeks to end of lay.
(ii) Geese:
(I) Starter — 0 to 4 weeks of age;
(II) Grower — 4 to 8 weeks of age;
(III) Finisher — 8 weeks to market;
(IV) Breeder Developer — 10 to 22 weeks of age;
(V) Breeder — 22 weeks to end of lay.
(B) Guaranteed Analysis for Duck and Geese Complete
Feeds and Supplements (for all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum and maximum percentage of Calcium (if
added);
(v) Minimum percentage of Phosphorus (if added);
(vi) Minimum and maximum percentage of Salt (if added);
(vii) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee.
(i) Required Guarantees for Fish Complete Feeds and
Supplement.
(A) Animal Species shall be declared in lieu of animal
class:
(i) Trout;
(ii) Catfish;
(iii) Fish Species other than trout or catfish.
(B) Guaranteed analysis for all Fish Complete Feeds and
Supplements:
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Maximum percentage of Crude Fiber;
(iv) Minimum percentage of Phosphorus.
(j) Required Guarantees for Rabbit Complete Feeds and
Supplements.
(A) Animal Classes:
(i) Grower — 4 to 12 weeks of age;
(ii) Breeder — 12 weeks of age and over.
(B) Guaranteed analysis for Rabbit Complete Feeds and
Supplements (all animal classes):
(i) Minimum percentage of Crude Protein;
(ii) Minimum percentage of Crude Fat;
(iii) Minimum and maximum percentage of Crude Fiber
(the maximum crude fiber shall not exceed the minimum by more than 5.0 units);
(iv) Minimum and maximum percentage of Calcium (if
added);
(v) Minimum percentage of Phosphorus (if added);
(vi) Minimum and maximum percentage of Salt (if added);
(vii) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee;
(viii) Minimum Vitamin A, other than precursors of
Vitamin A, in International Units per pound (if added).
(k) The required guarantees of grain mixtures with or
without molasses and feeds other than those described in regulation OAR
603-058-0130(4)(a) through (j) shall include the following items, unless
exempted in section (l), in the order listed:
(A) Animal class(s) and species for which the product
is intended.
(B) Guaranteed analysis:
(i) Minimum percentage Crude Protein;
(ii) Maximum or minimum percentage of equivalent Crude
Protein from Non-Protein Nitrogen as required in OAR 603-058-0180;
(iii) Minimum percentage of Crude Fat;
(iv) Maximum percentage of Crude Fiber;
(v) Minerals in formula feeds, to include in the
following order:
(I) Minimum and maximum percentages of Calcium (if
added);
(II) Minimum percentage of Phosphorus (if added);
(III) Minimum and maximum percentage of Salt (if
added);
(IV) Minimum and maximum percentage of total Sodium
shall be guaranteed only when total Sodium exceeds that furnished by the
maximum salt guarantee;
(V) Other Minerals.
(vi) Minerals in feed ingredients — as specified
by the official definitions of the 2011 edition of the Official Publication of
the Association of American Feed Control Officials;
(vii) Vitamins in such terms as specified in OAR
603-058-0140;
(viii) Total sugars as invert on dried molasses
products or products being sold primarily for their sugar content;
(ix) Viable lactic acid producing microorganisms for
use in silages in terms specified in OAR 603-058-0140;
(x) A commercial feed (e.g. vitamin/mineral premix,
base mix, etc.) intended to provide a specialized nutritional source for use in
the manufacture of other feeds, must state its intended purpose and guarantee
those nutrients relevant to such stated purpose.
(l) Exemptions. Some feeds covered in section (k) have
nutrient levels that are so low the guarantees required under ORS 633.026 (b)
would be irrelevant.
(A) A mineral guarantee for feed is not required when:
(i) The feed or feed ingredient is not intended or
represented or does not serve as a principal source of that mineral to the
animal; or
(ii) The feed or feed ingredient 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 source.
(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, or 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.
(E) The indication for animal class(s) and species is
not required on single ingredient feeds if the ingredient is not intended,
represented, or defined for a specific animal class(s) or species. It should be
replaced with “For Further Manufacture of Feed.”
(5) Feed ingredients, collective terms for the grouping
of feed ingredients, or appropriate statements as provided under the provisions
of ORS 633.026(1)(c):
(a) The name of each ingredient as defined in the 2011
edition of the Official Publication of the Association of American Feed Control
Officials, common or usual name, or one approved by the Department;
(b) Collective terms for the grouping of feed
ingredients as defined in the Official Definitions of Feed Ingredients
published in the 2011 edition of 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 shall 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.
(c) The registrant may affix the statement, “Ingredients
as registered with the State” in lieu of an ingredient list on the label as
permitted in ORS 633.026(1)(c). The list of ingredients must be on file with
the department. This list shall be made available to the feed purchaser upon
request.
(6) Directions for use and precautionary statements or
reference to their location if the detailed feeding directions and
precautionary statements required by OAR 603-058-0170 and 603-058-0180 appear
elsewhere on the label.
(7) Name and principal mailing address and phone number
of the manufacturer or person responsible for distributing the feed as required
by ORS 633.026(1)(f). The principal mailing address shall 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.
(8) Quantity Statement:
(a) Net quantity shall be declared in terms of weight,
liquid measure or count, based on applicable requirements under the Fair
Packaging and Labeling Act (Title 15 U.S.C. 1453) effective as of the date
these rules are promulgated;
(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, as appropriate) 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;
(9) Lot Identifier:
(a) For the withdraw from distribution purposes in ORS
633.088 a lot identifier that is sufficient to allow the manufacturer to
accurately trace the complete manufacturing and distribution history of the
product;
(b) Records relating the lot identifier to the
manufacture, processing, packing, distribution, receipt, or holding of the
product must be kept for one year after the last date of distribution.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0140
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, neutral detergent fiber, dietary starch, sugars, fructans and
acid detergent fiber shall be in terms of percentage.
(2) Mineral Guarantees:
(a) When the calcium, salt, and sodium guarantees are
given in the guaranteed analysis such shall be stated and conform to the
following:
(A) When the minimum is below 2.5%, the maximum shall
not exceed the minimum by more than 0.5 percentage points;
(B) When the minimum is 2.5% but less than 5.0%, the
maximum shall not exceed the minimum by more than one percentage point;
(C) When the minimum is above 5.0% or greater the
maximum shall not exceed the minimum by more than 20% of the minimum and in no
case shall the maximum exceed the minimum by more than five percentage points.
(b) When stated, guarantees for minimum and maximum
total sodium, and salt: minimum potassium, magnesium, sulfur, phosphorus and
maximum fluoride shall be in terms of percentage. Other minimum mineral
guarantees shall be stated in parts per million (ppm) when the concentration is
less than 10,000 ppm and in percentage when the concentration is 10,000 ppm
(1%) or greater;
(c) Products labeled with a quantity statement (e.g.,
tablets, capsules, granules or liquid) may state mineral guarantees in
milligrams (mg) per unit (e.g., tablets, capsules, granules, or liquids)
consistent with the quantity statement and directions for use.
(3) Guarantees for minimum vitamin content of
commercial feeds shall be listed in the order specified and are stated in
mg/lb. or in 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, International Units per
pound;
(d) Vitamin E, in International Units per pound;
(e) Concentrated oils and feed additive premixes
containing vitamins A, D and/or E may, at the option of the distributor be
stated in units per gram instead of units per pound;
(f) Vitamin B-12, in milligrams or micrograms per
pound;
(g) All other vitamin guarantees shall express the
vitamin activity in milligrams per pound in terms of the following: menadione,
riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid,
choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.
(4) Guarantees for drugs shall be stated in terms of
percent by weight, except:
(a) Antibiotics, present at less than 2,000 grams per
ton (total) of commercial feed shall be stated in grams per ton of commercial
feed;
(b) Antibiotics present at 2,000 or more grams per ton
(total) of commercial feed shall be stated in grams per pound of commercial
feed;
(c) The
term “milligrams per pound” may be used for drugs or antibiotics in those 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:
(A) Complete feeds, supplements, and concentrates
containing added non-protein nitrogen and containing more than 5% protein from
natural sources shall be guaranteed as follows: Crude Protein, minimum, % (This
includes not more than % equivalent crude protein from non-protein nitrogen);
(B) Mixed feed concentrates and supplements containing
less than 5% protein from natural sources may be guaranteed as follows:
Equivalent Crude Protein from Non-Protein Nitrogen, minimum, %;
(C) 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 the 2011
edition of the Official Publication of the Association of American Feed Control
Officials shall be guaranteed as follows: Nitrogen, minimum %; Equivalent Crude
Protein from Non-Protein Nitrogen, minimum %.
(b) For non-ruminants:
(A) Complete feeds, supplements and concentrates
containing crude protein from all forms of non-protein nitrogen, added as such,
shall be labeled as follows: Crude protein, minimum % (This includes not more
than % equivalent crude protein which is not nutritionally available to
(species of animal for which feed is intended);
(B) Premixes, concentrates or supplements intended for
non-ruminants containing more than 1.25% equivalent crude protein from all
forms of non-protein nitrogen, added as such, must 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 phosphoric 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 in
colony forming units per gram (CFU/g) when directions are for using the product
in grams, or in colony forming units per pound (CFU/lb.) when directions are
for using the product in pounds. A parenthetical statement following the
guarantee shall list each species in order of predominance. Such as: Direct fed
Microorganisms (min) 54,000 CFU/lb. (bacillus lentus, Lactobacillus
acidophilus).
(8) Guarantees for enzymes shall be stated in units of
enzyme activity per unit of weight, volume, consistent with label directions.
The source organism for each type of enzymatic activity shall be specified,
such as: Protease (Bacillus subtilis) 5.5 mg amino acids
liberated/min./milligram. If two sources have the same type of activity, they
shall be listed in order of predominance based on the amount of enzymatic
activity provided.
(9) The sliding-scale method of expressing guarantees
(e.g., protein 15–18%) is prohibited, unless specifically provided for by
applicable law or rule.
(10) In addition to the requirements set forth in ORS
633.026, liquid feeds shall be quantitatively guaranteed for:
(a) Minimum percent of total sugars expressed as invert
sugar;
(b) Maximum percent of ash; and
(c) Maximum percent moisture.
(11) All feeds containing greater than 0.5 ppm and less
than 25 ppm Selenium shall be guaranteed for minimum and maximum selenium ppm,
regardless of selenium source. Spread between minimum and maximum shall not
exceed 20% of the minimum.
(12) All feeds containing greater than 0.5% Sulfur
shall be guaranteed for sulfur maximum %.
(13) Guarantees for dietary starch, sugars, and
fructans:
(a) A commercial feed which bears on its labeling a
claim in any manner for levels of “dietary starch”, “sugars,” “fructans,” or
words of similar designation, shall include on the label:
(i) Guarantees for maximum percentage of dietary starch
and maximum percentage sugars, in the Guaranteed Analysis section immediately
following the Crude Fiber guarantee;
(ii) A maximum percentage guarantee for fructans
immediately following sugars, if the feed contains forage products;
(iii) Feeding directions shall indicate the proper use
of the feed product and a recommendation to consult with a veterinarian or
nutritionist for a recommended diet.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0150
Substantiation of Nutritional
Suitability
(1) A commercial feed, other than custom mixed feed,
pursuant to ORS 633.055(1) shall be nutritionally suitable for its intended
purpose as represented by it’s labeling.
(2) If the Department has reasonable cause to believe a
commercial feed is not nutritionally suitable the Department may request the
feed manufacturer to either submit an “Affidavit of Suitability” or an
alternative procedure acceptable to the Department, certifying the nutritional
adequacy of the feed. The Affidavit of Suitability or alternate procedure of
suitability shall serve as substantiation of the suitability of the feed.
(3) If the feed manufacturer does not submit an
Affidavit of Suitability, or alternate procedure acceptable to the Department
within 30 days of written notification the Department may deem the feed
adulterated under ORS 633.045 and order the feed to be withdrawn from the
market.
(4) The Affidavit of Suitability shall contain the
following information:
(a) The feed company’s name;
(b) The feed’s product name;
(c) The name and title of the affiant submitting the
document;
(d) A statement that the affiant has knowledge of the
nutritional content of the feed and based on valid scientific evidence the feed
is nutritionally adequate for its intended purpose;
(e) The date of submission; and
(f) The notarized signature of the affiant.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0160
Labeling as to Ingredients
(1) The name of each ingredient or collective term for
the grouping of ingredients, when required to be listed, shall be the name as
defined in the 2011 edition of the Official Definitions of feed ingredients as
published in the Official Publication of the Association of American Feed
Control Officials, the common or usual name, or one approved by the Department.
(2) The name of each ingredient must be shown in
letters or type of the same size.
(3) No reference to quality or grade of an ingredient
shall appear in the ingredient statement of a feed.
(4) The term “dehydrated” may precede the name of any
product that has been artificially dried.
(5) A single ingredient product defined by the 2011
edition of the Official Publication of the Association of American Feed Control
Officials is not required to have an ingredient statement.
(6) Tentative definitions for ingredients shall not be
used until adopted as official, unless no official definition exists or the
ingredient has a common accepted name that requires no definition, (i.e.
sugar).
(7) When the word “iodized” is used in connection with
a feed ingredient, the feed ingredient shall contain not less than 0.007%
iodine, uniformly distributed.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0170
Labeling as to Directions for Use
and Precautionary Statements
(1) Directions for use and precautionary statements on
the labeling of all commercial feeds and custom mixed feeds containing
additives (including drugs, special purpose additives, or non-nutritive
additives) shall:
(a) Be adequate to enable safe and effective use for
the intended purposes by users with no special knowledge of the purpose and use
of such articles; and
(b) Include, but not be limited to, all information
described by all applicable regulations under the Federal Food, Drug and
Cosmetic Act effective as of the date these rules are promulgated.
(2) Adequate directions for use and precautionary
statements are required for feeds containing non-protein nitrogen as specified
in OAR 603-058-0180.
(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) Commercial and custom mixed feeds containing 50% or
more grass seed screenings shall be labeled with the following precautionary
statement: “Caution: This feed contains screenings that may contain endophytes.
Do not feed in excess of 30% of the total diet. Do not feed free-choice.”
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0180
Non-Protein Nitrogen
(1) Urea and other non-protein nitrogen products
defined in the 2011 edition of the official publication of the Association of
American Feed Control Officials are acceptable ingredients only in commercial
feeds for ruminant animals as a source of equivalent crude protein. If the
commercial feed contains more than 8.75% of equivalent crude protein from all
forms of non-protein nitrogen, added as such, 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.” The directions
for use and the caution statement shall be in a type of such size so placed on
the label that they will be read and understood by ordinary persons under
customary conditions of purchase and use.
(2) Non-protein nitrogen defined in the 2011 edition of
Official Publication of the Association of American Feed Control Officials,
when so indicated, are acceptable ingredients in commercial feeds distributed
to non-ruminant animals as a source of nutrients other than equivalent crude
protein. The maximum equivalent crude protein from non-protein nitrogen sources
when used in non-ruminant rations shall not exceed 1.25% of the total daily
ration.
(3) On labels such as those for medicated feeds which
bear adequate feeding directions and /or warning statements, the presence of
added non-protein nitrogen shall not require a duplication of the feeding
directions or the precautionary statements as long as those statements include
sufficient information to ensure the safe and effective use of this product due
to the presence of non-protein nitrogen.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0190
Drugs and Feed Additives
(1) Prior to approval of a registration application and
/or approval of a label for commercial feed which contains additives (including
drugs, other special purpose additives, or non-nutritive additives) the
distributor may be required to submit evidence to prove safety and efficacy of
the commercial feed when used according to the directions furnished on the
label. Satisfactory evidence to prove safety and efficacy of a commercial feed
may include:
(a) When the commercial feed contains such additives,
the use of the additive conforms to the requirements of the applicable
regulation in the Code of Federal Regulations, Title 21 effective as of the
date these rules are promulgated, or which are “prior sanctioned” or “informal
review sanctioned” or “generally recognized as safe” for such intended use, or
(b) When the commercial feed is itself a new animal
drug as defined in Code of Federal Regulations, Title 21, Part 510.3 (g)
effective as of the date these rules are promulgated and is generally
recognized as safe and effective for the labeled use or is marketed subject to
an application conditionally approved by the Food and Drug Administration under
Sec. 512 [21 U.S.C. 360 b] of the Federal Food, Drug, and Cosmetic Act, or
(c) When one of the purposes for feeding a commercial
feed is to impart immunity (that is to act through some immunological process)
the constituents imparting immunity have been approved for the purpose through
the Federal Virus, Serum and Toxins Act of 1913, or
(d) When the commercial feed is a direct fed microbial
product and:
(i) The product meets the particular fermentation
product definition, and
(ii) The microbial content statement, as expressed in
the labeling, is limited to the following: “Contains a source of live (viable)
naturally occurring microorganisms.” This statement shall appear on the label,
and
(iii) The source is stated with a corresponding
guarantee expressed in accordance with OAR 603-508-0140(7).
(e) When the commercial feed is an enzyme product and:
(i) The product meets the particular enzyme definition
defined by the 2011 edition of the official publication of the Association of
American Feed Control Officials, and
(ii) The enzyme activity is stated with a corresponding
guarantee expressed in accordance with OAR 603-058-0140(8).
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0200
Adulterants
(1) Wild Bird Feed. Pursuant to ORS 633.045(7), a
person may not sell or otherwise distribute wild bird feed containing viable
noxious weed seeds that exceed the amounts stated in this rule.
(2) Wild bird feed is defined in ORS 633.006(20).
(3) Wild bird feed sold or distributed to the final
consumer shall contain:
(a) No viable prohibited noxious weed seed listed in
OAR 603-056-0205(1) Prohibited noxious weed seeds.
(b) No more viable restricted noxious weed seed than
the maximum allowable number of seeds per pound specified by species in OAR
603-056-0205(2) Restricted noxious weed seeds.
(4) For the purpose of ORS 633.045, the terms
“poisonous or deleterious substances” include but are not limited to the
following:
(a) Fluorine and any mineral or mineral mixture which
is to be used directly for the feeding of domestic animals and in which the
fluorine exceeds 0.20% for the breeding and dairy cattle; 0.30% for slaughter
cattle; 0.30% for sheep; 0.35% for lambs; 0.45% for swine; and 0.60% for
poultry;
(b) Fluorine bearing ingredients when used in such
amounts that they raise the fluorine content of the total ration (exclusive of
roughage) above the following amounts: 0.004% for breeding and dairy cattle;
0.009% for slaughter cattle; 0.006% for sheep; 0.01% for lambs; 0.015% for
swine and 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, that 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, which have been extracted with trichloroethylene or
other, chlorinated solvents;
(e) Sulfur Dioxide, Sulfurous acid, and salts of
Sulfurous acid when used in or on feeds or feed ingredients which are
considered or reported to be a significant source of vitamin B1 (Thiamine);
(f) Selenium in swine gestation or lactation complete
diets that exceeds 1.00ppm;
(g) Lolitrem b in excess of 1800 ppb in the total diet;
(h) Ergovaline in excess of: 300 ppb in equine total
diets; 400 ppb in cattle total diets and 500 ppb in the total diets of sheep
and goats.
(5) All screenings or by-products of grains and seeds
containing weed seeds, when used in commercial feed or sold as such to the
ultimate consumer, shall be ground fine enough or otherwise treated to destroy
the viability of such weed seeds so that the finished product contains:
(a) No viable prohibited noxious weed seed listed in
OAR 603-056-0205(1) Prohibited noxious weed seeds, and
(b) No more viable restricted noxious weed seed than
the maximum allowable number of seeds per pound specified by species in OAR
603-056-0205(2) Restricted noxious weed seeds.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0210
Good Manufacturing Practices
(GMP’s)
For the purpose of enforcing ORS 633.045 (6) the
department adopts the following good manufacturing practices:
(1) The regulations prescribing good manufacturing
practices for type B and Type C medicated feeds as published in the Code of
Federal Regulations, Title 21, Part 225, Section 225.1-225.202 effective as of
the date these rules are promulgated.
(2) The regulations prescribing good manufacturing
practices for Type A Medicated Articles as published in the Code of Federal
Regulations, Title 21, Part 226, Sections 226.1-226.115 effective as of the
date these rules are promulgated.
Stat. Auth.: ORS 633.006-089, 633.992,
561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0220
Certain Mammalian Proteins are
Prohibited in Ruminant Feed
Pursuant to ORS 633.045(1) deleterious substances, the
Department adopts the requirements of title 21, Code of Federal Regulations
parts 589.2000 and 589.2001 effective as of the date these rules are
promulgated.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0230
Labeling of Processed Animal Waste
(1) Animal waste products sold, held for sale, or
offered for sale shall be identified in accordance with the definitions, and
shall conform to the requirements of this section. Such products, which are
utilized for animal feeding on the premises, where produced, by the person
whose animals produced the same, shall conform generally to the provisions of
this rule:
(a) “Processed animal waste” is a processed product
composed of total excreta, with or without litter, from poultry or ruminant
animals. It shall not contain levels of drug residue, pesticide residue, or
other toxic or deleterious substances that could be harmful to animals or
result in harmful or unlawful residue levels in their tissue or by-products.
The final moisture of the product shall not exceed 12 percent, except as
provided in section (2) of this rule. It shall not be used in feed for
lactating dairy animals. If used in a mixed feed, the maximum percentage of
processed animal waste shall be stated on the label of such mixed feed. It
shall not be fed to animals within 15 days of slaughter. Processed animal waste
includes the following:
(b) “Dried Poultry Waste” is processed undiluted
poultry excreta collected from cage layer flocks. The product shall be uniform
and contain not less than 25 percent crude protein, not more than 15 percent
crude fiber, and not more than 30 percent ash. It shall be labeled to show
minimum protein, maximum equivalent crude protein from nonprotein nitrogen,
minimum fat, maximum fiber, maximum ash, maximum and minimum salt (NaCl),
maximum and minimum calcium (Ca), and minimum phosphorus (P). The product shall
not contain more than 1 percent feathers;
(c) “Dried Poultry Litter” is the processed combination
of total poultry excreta and litter that occurs in the floor production of
poultry. The product shall be uniform and contain not less than 18 percent
protein. The type of litter shall be a part of the product name. It shall be
labeled to show minimum protein, maximum equivalent crude protein from
nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, maximum and
minimum calcium (Ca), minimum phosphorus (P), and maximum and minimum salt
(NaCl);
(d) “Dried Ruminant Waste” is processed bovine excreta
free of extraneous material such as straws, wood shavings, dirt, and similar
materials. The product shall be uniform and contain not less than 12 percent
crude protein and not more than 30 percent crude fiber and 20 percent ash. It
shall be labeled to show minimum protein, maximum equivalent crude protein from
nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, and maximum and
minimum salt (NaCl).
(2) Processed Animal Waste in excess of 12 percent
moisture including slurries, silages, and other semidry products shall conform
to the requirements of section (1) of this rule except for the moisture
limitation stated therein. If sold for feeding purposes, it shall be labeled to
show type of process, maximum moisture, minimum protein, maximum equivalent
crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum
ash, and maximum and minimum salt (NaCl).
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0240
License Fees for Feed Manufacturers,
Wholesale Distributors, Feed Registrants, and Certain Feeders
The license fees for any person operating a feed
manufacturing plant (per location), or acting as a wholesale distributor of
feeds, or registering feeds for distribution in Oregon, or acting as a contract
feeder wherein drugs in any form are utilized in the manufacturing of such
feed, shall be in accordance with the following:
(1) Non-Manufacturing Licenses: A license fee of $100
for wholesale distributors, retailers who register feeds, re-labelers or
contract feeders who are not feed manufacturers.
(2) Manufacturing Licenses:
(a) A license fee for each Oregon manufacturing location
based upon annual distribution of commercial feeds in Oregon, in accordance
with the schedule set forth in section (3) of this rule;
(b) A license fee for each company with manufacturing
located outside of Oregon based on their annual distribution of commercial
feeds into Oregon. Companies with multiple locations outside of Oregon only
need to obtain one license and combine the tons distributed in Oregon;
(c) Firms with mills both in Oregon and outside Oregon
must obtain licenses under OAR 603-058-0240(2)(a) and 603-058-0240(2)(b).
(3) The annual fee schedule based upon annual Oregon
distribution of commercial feed is as follows: Annual Tonnage — Annual
Fee:
(a) Less than one (1) ton of wildbird seed — $10;
(b) Less than 5,000 tons — $100;
(c) 5,000 to 9,999 tons — $200;
(d) 10,000 to 19,999 tons — $300;
(e) 20,000 to 29,999 tons — $400;
(f) Greater than 30,000 tons — $500.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0250
Feed Product Registration Fee
The annual registration fee for each formula, product
or formulation of commercial feed under each brand shall be $20, which fee is
payable at the time an application for registration is made to the Department.
A firm must hold a manufacturing license or non-manufacturing license to
register feed products.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0260
Certificates of Free Sale
(1) To enhance trade with foreign countries the
department will provide certificates of free sale when requested by firms.
Certificates are provided at no cost. Multiple feed products may be put on each
certificate.
(2) Certificates will be provided within 30 calendar
days of initial request. Product must be registered to sell in Oregon when the
certificate request is made.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0270
Referee Samples May Be Taken
(1) The Department may be called upon to collect
samples of commercial or custom feeds to resolve issues between animal feeders
and feed suppliers. Either party may contact the Department and request a
referee sample to be taken.
(2) A department representative will take the sample
and provide a representative split of it to each party. The sample will be
submitted to the lab designated by the department for tests designated by the
animal feeder. The department will pay the testing costs.
(3) Unofficial samples submitted by the animal feeder
may be accepted as a referee sample at the department’s discretion. This should
only be done when time is of the essence or travel time is cost prohibitive.
(4) Lab results of referee samples will be provided to
both parties. Results are not to be released as public records.
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0280
Reserved
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
603-058-0290
Reserved
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620
Stats. Implemented:
Hist.: DOA 13-2011, f. & cert.
ef. 8-12-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use |