21.18.3 NMAC

TITLE 21 AGRICULTURE AND RANCHING

CHAPTER 18 SEEDS, FEEDS, AND FERTILIZERS

PART 3 COMMERCIAL FEEDS

21.18.3.1 ISSUING AGENCY: New Mexico State University, New Mexico Department of Agriculture

[7/1/97; 21.18.3.1 NMAC - Rn & A, 21 NMAC 18.3.1, 05/29/09]

[MSC 3189, Box 30005, Las Cruces, New Mexico 88003-8005, Telephone No. (575) 646-3007]

21.18.3.2 SCOPE: Part 3 shall apply to any person distributing commercial feeds in New Mexico.

[7/1/97; 21.18.3.2 NMAC - Rn, 21 NMAC 18.3.2, 05/29/09]

21.18.3.3 STATUTORY AUTHORITY: Granted to the board of regents of New Mexico state university under the New Mexico Commercial Feed Law, Chapter 76, Article 19, Sections 1 through 14, New Mexico Statutes Annotated 1978 Compilation.

[7/1/97; 21.18.3.3 NMAC - Rn, 21 NMAC 18.3.3, 05/29/09]

21.18.3.4 DURATION: Permanent.

[7/1/97; 21.18.3.4 NMAC - Rn, 21 NMAC 18.3.4, 05/29/09]

21.18.3.5 EFFECTIVE DATE: July 1, 1997

[7/1/97; 21.18.3.5 NMAC - Rn, 21 NMAC 18.3.5, 05/29/09]

21.18.3.6 OBJECTIVE: The objective of Part 3 of Chapter 18 is to protect the consumers of commercial feed products by establishing standards for their labeling, registration and sale.

[7/1/97; 21.18.3.6 NMAC - Rn, 21 NMAC 18.3.6, 05/29/09]

21.18.3.7 DEFINITIONS:

A. The names and definitions for commercial feeds shall be the official definitions of feed ingredients adopted by the association of American feed control officials, Inc. (AAFCO), except as the board may designate in specific cases.

B. The terms used in reference to commercial feeds shall be the official feed terms adopted by AAFCO, except as the board may designate in specific cases.

[7/1/97; 21.18.3.7 NMAC - Rn, 21 NMAC 18.3.7, 05/29/09]

21.18.3.8 EXEMPTIONS TO DEFINITIONS: The following commodities are hereby declared exempt from the definition of commercial feed: field processed alfalfa hay cubes, wafers, mini bales, baled hay, hulls, hay, straw, stover, silages, cobs, husks and raw meat when unground and when not mixed or intermixed with other materials; provided that these commodities are not adulterated within the meaning of 76-19-7 A, B, C and D, NMSA 1978.

[7/1/97; 21.18.3.8 NMAC - Rn, 21 NMAC 18.3.8, 05/29/09]

21.18.3.9 LABELING:

A. Commercial feeds shall be labeled with the information contained in this section and in the following general format:

B. Net weight.

C. Product name and brand name, if any.

D. If drugs are used in a feed, the label shall contain the following:

(1) The word "medicated" shall appear directly following and below the product name in type size no smaller than one half the size of the product name.

(2) The purpose of medication (claim statement).

(3) The required direction for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by Sections 13 and 14 appear elsewhere on the label.

(4) An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Subsection D of 21.18.3.11 NMAC.

E. The guaranteed analysis of the feed shall, include the following items and in the order listed, unless exempted in Subsection G of 21.18.3.9 NMAC:

(1) minimum percentage of crude protein;

(2) maximum or minimum percentage of equivalent protein from non-protein nitrogen as required in Subsection E of 21.18.3.11 NMAC;

(3) minimum percentage of crude fat;

(4) maximum percentage of crude fiber;

(5) minerals, to include, in the following order:

(a) minimum and maximum percentages of calcium (Ca);

(b) minimum percentages of phosphorus (P);

(d) other minerals;

(6) vitamins in such terms as specified in Subsection C of 21.18.3.11 NMAC;

(7) total sugars as invert on dried molasses products or products being sold primarily for their molasses content.

F. Commercial feed in liquid form shall include as part of the guaranteed analysis the maximum percent of moisture.

(1) This requirement shall not apply to those liquid feed ingredients defined by AAFCO where moisture is the difference between the guaranteed component and 100%, or when the moisture content does not exceed 20%.

(2) The moisture shall be listed as part of the guaranteed analysis in the following manner. Moisture, not more than _____ %

G. Guarantees are not required for the following:

(1) minerals when there are no specific label claims and when the commercial feed contains less than six and one-half (6 1/2) percent of mineral elements;

(2) vitamins when the commercial feed is neither formulated for, nor represented in any manner as a vitamin supplement;

(3) crude protein, crude fat and crude fiber when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements and molasses.

H. Feed ingredients or collective terms for the grouping of feed ingredients shall be:

(1) the name of each ingredient as defined in the official definitions of feed ingredients published by the AAFCO, common or usual name, or one approved by the board;

(2) collective terms for the grouping of feed ingredients as defined in the official definitions of feed ingredients published by the AAFCO, 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 listing of individual ingredients, within a definite group, that are or have been used to manufacture commercial feed sold or offered for sale in New Mexico.

I. Name and principal mailing address of the manufacturer or distributor.

J. The information required in 76-19-5 A (1)-(5), NMSA 1978, must appear in its entirety on one side of the label or on one side of the container. The information required by 76-19-5 A (6)-(7), NMSA 1978, shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by 76-19 -5 A (6)-(7), NMSA 1978, is placed on a different side of the label or container, it must be referenced on the front side with a statement such as "see back of label for directions for use". None of the information required by 76-19-5, NMSA 1978, shall be subordinated or obscured by other statements or designs.

[7/1/97; 21.18.3.9 NMAC - Rn, 21 NMAC 18.3.9, 05/29/09]

21.18.3.10 BRAND AND PRODUCT NAMES:

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 mixture labeled "dairy feed", for example, must be suitable for that purpose.

B. Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings.

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 the ingredient or combination of ingredients may be used as a part of the brand name or product name if the 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 that other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. When a figure is used in the brand name (except in mineral, vitamin or other products where the protein guarantee is nil or unimportant), it shall be preceded by the word "number" or some other suitable designation.

F. Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as adopted by the AAFCO unless the board 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 Subsection C of 21.18.3.11 NMAC.

H. The term "mineralized" 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-by-products are from cattle, swine, sheep and goats.

[7/1/97; 21.18.3.10 NMAC - Rn, 21 NMAC 18.3.10, 05/29/09]

21.18.3.11 EXPRESSION OF GUARANTEES:

A. The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage by weight.

B. Commercial feeds containing six and one-half (6 1/2) percent or more mineral elements shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NaCl). Minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following.

(1) When the minimum is five (5) percent or less, the maximum shall not exceed the minimum by more than one percentage point.

(2) When the minimum is above five (5) percent, the maximum shall not exceed the minimum by more than twenty (20) percent and in no case shall the maximum exceed the minimum by more than five (5) percent-age points.

C. Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, shall be stated on the label in milligrams per pound of feed except that:

(1) vitamin A, other than precursors of vitamin A, shall be stated in United States pharmacopoeia (USP) units per pound;

(2) vitamin D, in products offered for poultry feeding, shall be stated in international chick units per pound;

(3) vitamin D for other uses shall be stated in USP units per pound;

(4) vitamin E shall be stated in international or USP units per pound;

(5) guarantees for vitamin content on the label of a commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds, pyridoxine hydrochloride, choline chloride, thiamine and d-pantothenic acid;

(6) oils and premixes containing vitamin A or vitamin D or both may be labeled to show vitamin content in terms of units per gram.

D. Guarantees for drugs shall be stated in terms of percent by weight, except:

(1) antibiotics present at less than two thousand (2,000) grams (total) per ton of commercial feed shall be stated in grams per ton of commercial feed;

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

(3) labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the "federal food additive regulations" for certain antibiotics, wherein, quantitative guarantees are required regardless of the level or purpose of the antibiotic;

(4) 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.

E. Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(1) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than five (5) percent protein from natural sources shall be guaranteed as follows:

crude protein, minimum,____%

(this includes not more than____% equivalent protein from non-protein nitrogen)

(2) Mixed feed concentrates and supplements containing less than six and one-half (6 1/2) percent protein from natural sources may be guaranteed as follows:

equivalent crude protein from non-protein nitrogen, minimum,___ %

(3) Ingredient sources of non-protein nitrogen such as urea, di-ammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls or other basic non-protein nitrogen ingredients defined by the AAFCO shall be guaranteed as follows:

nitrogen, minimum,___ %

equivalent crude protein from non-protein nitrogen, minimum,___ %

F. Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus and the maximum percentage of fluorine.

[7/1/97; 21.18.3.11 NMAC - Rn, 21 NMAC 18.3.11, 05/29/09]

21.18.3.12 INGREDIENTS:

A. The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be as published by the AAFCO, the common or usual name or one approved by the board.

B. The name of each ingredient must be shown in letters or type of the same size.

C. No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

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

E. A single ingredient product defined by the AAFCO is not required to have an ingredient statement.

F. 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).

G. When the word "iodized" is used in connection with a feed ingredient, the feed ingredient shall contain not less than seven thousandths (0.007) percent iodine, uniformly distributed.

[7/1/97; 21.18.3.12 NMAC - Rn, 21 NMAC 18.3.12, 05/29/09]

21.18.3.13 DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS:

A. Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives or non-nutritive additives) shall:

(1) 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

(2) include, but not be limited to, all information prescribed by all applicable regulations under the "Federal Food, Drug and Cosmetic Act".

B. Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in Section 14.

C. 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.

[7/1/97; 21.18.3.13 NMAC - Rn, 21 NMAC 18.3.13, 05/29/09]

21.18.3.14 NON-PROTEIN NITROGEN:

A. Urea and other non-protein nitrogen products are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein and are not to be used in commercial feeds for other animals and birds.

B. If the commercial feed contains more than eight and three-fourths (8 3/4) percent of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of non-protein nitrogen, added as such, exceeds one-third (1/3) 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 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.

C. 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.

[7/1/97; 21.18.3.14 NMAC - Rn, 21 NMAC 18.3.14, 05/29/09]

21.18.3.15 DRUG AND FEED ADDITIVES:

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

B. Satisfactory evidence of safety and efficacy of a commercial feed may be:

(1) when the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the "Code of Federal Regulations, Title 21", or which are "prior sanctioned" or

(2) when the commercial feed is itself a drug as defined in 76-19-3 I, NMSA 1978, and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the food and drug administration under Title 21 U.S.C. 360(b).

[7/1/97; 21.18.3.15 NMAC - Rn, 21 NMAC 18.3.15, 05/29/09]

21.18.3.16 ADULTERANTS:

A. For the purpose of 76-19-7 A and B, NMSA 1978, the terms "poisonous or deleterious substances" include but are not limited to the following:

(1) 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 three-tenths (0.30) percent for cattle; thirty-five hundredths (0.35) percent for sheep; forty-five hundredths (0.45) percent for swine; and six-tenths (0.60) percent for poultry;

(2) fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration above the following amounts: nine-thousandths (0.009) percent for cattle; one one-hundredth (0.010) percent for sheep; fourteen-thousandths (0.014) percent for swine; and thirty-five thousandths (0.035) percent for poultry;

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

(4) 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).

B. 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 no more viable noxious weed seeds per pound than prescribed by 76-10-12 E, F, G and 76-10-18 A (3), NMSA 1978.

[7/1/97; 21.18.3.16 NMAC - Rn, 21 NMAC 18.3.16, 05/29/09]

21.18.3.17 GOOD MANUFACTURING PRACTICES: For the purposes of enforcement of 76-19 -7 D, NMSA 1978, the board adopts the following as current good manufacturing practices:

A. the regulations prescribing good manufacturing practices for medicated feeds as published in the "Code of Federal Regulations, Title 21", Part 133, Sections 133.100-133.110;

B. the regulations prescribing good manufacturing practices for medicated premixes as published in the "Code of Federal Regulations, Title 21", Part 133, Sections 133.200-133.210.

[7/1/97; 21.18.3.17 NMAC - Rn, 21 NMAC 18.3.17, 05/29/09]

21.18.3.18 REGISTRATION EXPIRATION DATE: For the purpose of 76-19-4 A, NMSA 1978, all registrations shall expire annually on December 31.

[7/1/97; 21.18.3.18 NMAC - Rn, 21 NMAC 18.3.18, 05/29/09]

21.18.3.19 INSPECTION FEES:

A. An inspection fee of fifteen cents (.15) per ton is hereby established to be effective on all commercial feeds sold on and after January 1, 1977; except that feed for which the department has not developed an inspection service at this time.

B. An inspection fee of twenty-five dollars ($25.00) is hereby established for each brand of commercial feed distributed in individual packages of ten (10) pounds or less sold after January 1, 1977, in New Mexico.

[7/1/97; 21.18.3.19 NMAC - Rn, 21 NMAC 18.3.19, 05/29/09]

HISTORY OF 21.18.3 NMAC:

Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under:

NMDA Rule 73-2, Regulatory Order No. 4, Feed Regulations, filed 5/15/73.

NMDA Rule 73-3, Regulatory Order No. 5, Commercial Feed Regulations, filed 5/15/73.

NMDA Rule 73-3, Amendment No. 1, Regulatory Order No. 8, Commercial Feed Exemptions, filed 7/1/76.

NMDA Rule 73-10, Regulatory Order No. 6, filed 11/27/73.

NMDA Rule 76-5, Regulatory Order No. 7, Feed Inspection Fees, filed 9/28/76.

NMDA Rule 84-2, Additional Requirements for Liquid Feed Labeling, filed 10/23/84.

History of Repealed Material: [RESERVED]