TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.10 BRAND AND PRODUCT NAMES (REPEALED)
Section 200.10 Brand and
Product Names (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
 | TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.15 DEFINITION OF TERMS
Section 200.15 Definition of
Terms
"AAFCO"
means the Association of American Feed Control Officials which is adopted in
Section 10 of the Act.
"Act"
means the Illinois Commercial Feed Act of 1961 (Ill. Rev. Stat. 1991, ch. 56½,
par. 66.1 et seq.).
"Commercial
feed" means all materials, including customer formula feeds, which are
distributed for use as feed, or labeled with a guaranteed analysis for use as
feed, or for mixing in feed for birds or animals other than man (Section
3(d) of the Act).
The following
commodities are hereby declared exempt from the definition of commercial feed
under the provisions of Section 3(d) of the Act: hay, straw, stover,
silages, cobs, husks, and hulls when unground and when not mixed with other
materials (Section 3(d) of the Act).
Individual
chemical compounds and substances are hereby declared exempt from the
definition of Commercial Feed under the provision of Section 3(d) of the Act
when it has been determined that these products meet the following criteria:
There is an
adopted AAFCO definition for the product.
The product is
either GRAS or is not covered by a specific FDA Regulation.
The product is
either a natural occurring product of uniform chemical composition or is
manufactured to meet the AAFCO definition of the product.
Additives
which are intended to impart special desirable characteristics (e.g., cheese
flavoring) shall be permitted.
No apparent
problems have been noted with the control of this product.
Loose salt is
exempt from the definition of commercial feed.
"FDA"
means United States Food and Drug Administration.
"GRAS"
means generally recognized as safe by the United States Food and Drug
Administration.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.20 EXPRESSION OF GUARANTEES (REPEALED)
Section 200.20 Expression of
Guarantees (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.25 LABEL FORMAT
Section 200.25 Label Format
a) Commercial feed, other than customer-formula feed, shall be
labeled with the information prescribed in this Section on the principal
display panel of the product and in the following general format:
1) Net Weight (may be stated in metric units in addition to the
required avoirdupois units).
2) Product name and brand name, if any.
3) If a drug is used:
A) The word "medicated" shall appear directly following
and below the product name in type size no smaller than one-half the type size
of the product name.
B) The purpose of the medication (claim statement).
C) An active drug ingredient statement listing the active drug
ingredients by their established name and the amounts in accordance with
Section 200.45(d).
4) Directions for use and precautionary statements or reference
to their location if the detailed feeding directions and precautionary
statements required by Sections 200.65 and 200.75 appear elsewhere on the
label.
5) The guaranteed analysis of the commercial feed which shall
include the following items, unless exempted in subsection J of this Section,
and they shall appear in the order as listed:
A) Minimum percentage of crude protein.
B) Maximum or minimum percentage of equivalent protein from
non-protein nitrogen as required in Section 200.45(e).
C) Minimum percentage of crude fat.
D) Maximum percentage of crude fiber.
E) Minerals in commercial feeds shall be listed in the following
order:
i) minimum and maximum percentages of calcium,
ii) minimum percentage of phosphorus,
iii) minimum and maximum percentages of salt, and
iv) maximum or minimum percentages of other minerals.
F) Minerals in feed ingredients shall be those as specified by
the official definitions of the Association of American Feed Control Officials
which is adopted in Section 10 of the Act.
G) Vitamins in such terms as specified in Section 200.45(c).
H) Total percentages of sugars as invert on dried molasses
products or products being sold primarily for their sugar content.
I) Viable lactic acid producing microorganisms for use in silages
in terms specified in Section 200.45(g).
J) Exemptions:
i) A mineral guarantee is not required when the feed or feed
ingredient is not represented as or does not serve as a principal source of
that mineral to the animal or where the commercial feed contains less than a
total of 6.5% calcium, phosphorous or salt.
ii) Guarantees for vitamins are not required when the commercial
feed is neither formulated for nor represented in any manner as a vitamin
supplement.
iii) 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 relating to the primary purpose of the product, e.g.
such as drug premixes, mineral or vitamin supplements, and molasses.
iv) Guarantees for microorganisms are not required when the commercial
feed is intended for a purpose other than to furnish these substances relating
to the primary purpose of the product, and no specific label claims are made.
6) Feed ingredients or collective terms for the grouping of feed
ingredients as required by Section 5(a)(4) of the Act.
A) The common or usual name of each ingredient as defined in the
Official Publication of the Association of American Feed Control Officials,
which is adopted in Section 10 of the Act.
B) Collective terms for the grouping of feed ingredients as
defined in the Official Definitions of Feed Ingredients published in the
Official Publication of the Association of American Feed Control Officials may
be used in lieu of the individual ingredients provided that:
i) when a collective term for a group of ingredients is used on
the label, individual ingredients within that group shall not be listed on the
label; and
ii) the manufacturer shall provide the Director, upon request,
with a list of individual ingredients, within a defined group, that are or have
been used in the commercial feed.
7) Name and principal mailing address of the manufacturer or
person responsible for distributing the commercial feed. The principal mailing
address shall include the city, state, and zip code.
8) The information required by Section 5(a)(1) through (5) of the
Act shall appear in its entirety on one side of the label. The information
required by Section 5(a)(6) and (7) of the Act shall be displayed in a
prominent place on the label but not necessarily on the same side as the
information required by Section 5(a)(1) through (5) of the Act. When the
information required by Section 5(a)(6) and (7) of the Act is placed on a
different side of the label, 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 Section 5 of the Act shall be subordinated or obscured
by other statements or designs.
b) Customer-formula feed shall be accompanied by a label,
invoice, delivery ticket, or other shipping document bearing the following
information:
1) The name and address of the manufacturer.
2) The name and address of the purchaser.
3) The date of sale or delivery.
4) The customer-formula product name and brand name, if any.
5) The product name and net weight of each registered commercial
feed and each other feed ingredient used in the mixture.
6) The directions for use and precautionary statements as
required by Sections 200.65 and 200.75.
7) If a product containing a drug 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
Section 200.45(d).
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.30 DEFINITIONS, SAMPLING AND ANALYSIS (REPEALED)
Section 200.30 Definitions,
Sampling and Analysis (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.35 BRAND AND PRODUCT NAMES
Section 200.35 Brand and
Product Names
a) The brand or product name shall be appropriate for the
intended use of the feed and shall not be misleading. If the name indicates
the commercial feed is made for a specific use, the character of the feed shall
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. Brand or trade names shall only appear
in the product name of the feed produced by or for the firm holding the rights
to such a 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 the
name 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, the name of that ingredient or combination of ingredients may
be used as a part of the brand name or product name if the ingredients or
combination of ingredients is quantitatively guaranteed in the guaranteed
analysis, and the brand or product name is not otherwise false or misleading.
d) The word "protein" shall not be permitted in the
product name of a commercial feed that contains added non-protein nitrogen.
e) When the name carries a percentage value, it shall be
understood to signify protein, or equivalent protein content only, or both,
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 identifying description. Digital numbers shall not
be used in such a manner as to be misleading or confusing to the customer.
f) A single ingredient feed shall have a product name in
accordance with the designated definition of the feed ingredient as recognized
by the Association of American Feed Control Officials as adopted in Section 10
of the Act.
g) The word "vitamin," or a contraction thereof, or any
word suggesting vitamin can be used only in the name of a commercial feed which
is represented to be a vitamin supplement, and which is labeled with the
minimum content of each vitamin declared, as specified in Section 200.45(c).
h) The term "mineralized" shall not be used in the name
of a commercial feed except for "trace mineralized salt". Trace
mineralized salt shall contain amounts of trace minerals which are 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 are derived, unless the meat and meat by-products are from cattle,
swine, sheep or goats.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.40 INGREDIENT STATEMENT (REPEALED)
Section 200.40 Ingredient
Statement (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.45 EXPRESSION OF GUARANTEES
Section 200.45 Expression of
Guarantees
a) The guarantees for crude protein, equivalent protein from
non-protein nitrogen, crude fat, crude fiber and mineral guarantees, when
required by Section 200.25(a)(5) and subsection (f) of this Section, shall be
in terms of percentage.
b) Commercial feeds containing 6.5% or more calcium, phosphorus,
sodium and chloride 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 percentages of salt (NaCl).
Minerals, except salt (NaCl), shall be guaranteed in terms of percentage of the
elements.
1) When a calcium or salt guarantee is given in the guaranteed
analysis, guarantee shall be stated and conform to the following:
A) When the minimum guarantee is 5.0% or less, the maximum shall
not exceed the minimum by more than one percentage point.
B) When the minimum guarantee is above 5.0%, 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.
2) When required by Section 200.25(a)(j), guarantees for minimum
potassium, magnesium, sulfur and maximum fluorine shall be stated 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) Guarantees for minimum vitamin content of commercial feeds
shall be listed in the order specified and are stated in milligrams per pound
(mg/lb) unless otherwise specified:
1) Vitamin A, other than precursors of vitamin A, in
International Units per pound.
2) Vitamin D-3 in products offered for poultry feeding, in
International Chick Units per pound.
3) Vitamin D for other uses, in International Units per pound.
4) Vitamin E, in International Units per pound.
5) Concentrated oils and feed additive premixes containing
vitamins A, D or E may, at the option of the distributor, be stated in units
per gram instead of units per pound.
6) Vitamin B-12, in milligrams or micrograms per pound.
7) 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.
d) Guarantees for drugs shall be stated in terms of percent by
weight, except:
1) Antibiotics, present at less than 2,000 grams per ton (total)
of commercial feed, shall be stated in grams per ton.
2) Antibiotics, present at 2,000 or more grams per ton (total) of
commercial feed, shall be stated in grams per pound.
3) Commercial feeds containing growth promotion or feed
efficiency levels of antibiotics, which are to be fed continuously as the sole
ration, are not required to have quantitative guarantees on the label, except
as specifically required in the Federal Food Additive Regulations as adopted in
Section 10 of the Act.
4) The term "milligrams per pound" may be used for
drugs or antibiotics in cases in which 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) 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, (insert number) % (This includes not more than (insert number) &
equivalent 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, (insert number) %
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 Association of
American Feed Control Officials shall be guaranteed as follows:
Nitrogen,
minimum, (insert number) %
Equivalent
Crude Protein from Non-Protein Nitrogen, minimum, (insert number) %
2) 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, (insert number) % (This includes not more than (insert number) %
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, shall contain directions for use
and a prominent statement: "WARNING: This feed must be used only in
accordance with directions furnished on the label".
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.
g) 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.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.50 LABELING (REPEALED)
Section 200.50 Labeling
(Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.55 INGREDIENTS
Section 200.55 Ingredients
a) The name of each ingredient or collective term for the
grouping of ingredients, when required by Section 200.25 to be listed, shall be
the same as defined in the Official Definitions of Feed Ingredients as
published in the Official Publication of the Association of American Feed
Control Officials, which is adopted in Section 10 of the Act.
b) The name of each ingredient shall 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 Association of
American Feed Control Officials, which is adopted in Section 10 of the Act, is
not required to have an ingredient statement.
f) Tentative definitions for ingredients shall not be used until
adopted as official by the Association of American Feed Control Officials,
unless no official definition exists or the ingredient has a common accepted
name that requires no definition (e.g. sugar).
g) 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.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.60 MINERALS (REPEALED)
Section 200.60 Minerals
(Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.65 DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS
Section 200.65 Directions
for Use and Precautionary Statements
a) Directions for use and precautionary statements on the
labeling of all commercial feeds and customer-formula feed 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 described by
all applicable regulations under the Federal Food, Drug and Cosmetic Act as
adopted in Section 10 of the Act.
b) Directions for use and precautionary statements are required
for feeds containing non-protein nitrogen as specified in Section 200.75.
c) 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.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.70 UREA (REPEALED)
Section 200.70 Urea
(Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.75 NON-PROTEIN NITROGEN
Section 200.75 Non-Protein
Nitrogen
a) Urea and other non-protein nitrogen products as defined in the
Official Publication of the Association of American Feed Control Officials,
which is adopted in Section 10 of the Act, 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, or the 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 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.
b) Non-protein nitrogen as defined in the Official Publication of
the Association of American Feed Control Officials, which is adopted in Section
10 of the Act, 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.
c) On labels such as those for medicated feeds which bear feeding
directions 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 information to ensure the safe
and effective use of this product due to the presence of non-protein nitrogen.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.80 ARTIFICIAL COLOR (REPEALED)
Section 200.80 Artificial
Color (Repealed)
(Source: Repealed at 6 Ill. Reg. 14804, effective November 18, 1982)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.85 DRUG AND FEED ADDITIVES
Section 200.85 Drug and Feed
Additives
a) Prior to approval of registration application or approval of a
label for commercial feed which contain an additive (including drugs, other
special purpose additives, or non-nutritive additives), the distributor shall
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 shall 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",
"informal review sanctioned" or "generally recognized as
safe" for such use by the FDA, or
2) when the commercial feed is itself a drug as defined in
Section 3(g) of the Act 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), or
3) 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, as amended, or
4) when the commercial feed is a direct fed microbial product
and:
A) The product meets the particular fermentation product
definition;
B) The microbial content statement, as expressed on the label, is
limited to the following: "Contains a source of live (viable) naturally
occurring microorganisms.";
C) The source is stated with a corresponding guarantee expressed
in accordance with Section 200.45(g).
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.90 REGISTRATION OF COMMERCIAL FEEDS CONTAINING DRUGS, ARTIFICIAL COLOR, ETC. (REPEALED)
Section 200.90 Registration
of Commercial Feeds Containing Drugs, Artificial Color, Etc. (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.95 ADULTERANTS
Section 200.95 Adulterants
a) For the purpose of Section 7(a)(1) of the Act, 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 0.20% for 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.
2) 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.
3) Fluorine bearing ingredients incorporated in any feed that is
fed directly to cattle, sheep or goats consuming roughage (with or without)
limited amount of grain, that results in a daily fluorine intake in excess of
50 milligrams of fluorine per 100 pounds of body weight.
4) Soybean meal, flakes or pellets or other vegetable meals,
flakes or pellets which have been extracted with trichlorethylene or other
chlorinate solvents.
5) Sulfur dioxide, sulfurous acid, and salts of sulfurous acid
when used in or on feeds or feed ingredients which are reported to be a 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 viable
prohibited weed seeds, not more than 4 viable restricted weed seeds per pound,
and not more than 50 per pound of other weed seed. Prohibited and restricted
weed seeds shall be those listed in 8 Ill. Adm. Code 230.20 and 230.30 of the
rules adopted for the Illinois Seed Act.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.100 WEED SEEDS IN CONCENTRATED COMMERCIAL FEEDING STUFFS (REPEALED)
Section 200.100 Weed Seeds
in Concentrated Commercial Feeding Stuffs (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.110 ADMINISTRATIVE RULES (REPEALED)
Section 200.110
Administrative Rules (Repealed)
(Source: Repealed at 16 Ill. Reg. 15889, effective September 30, 1992)
SUBPART B: PET FOOD
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.120 DEFINITIONS
Section 200.120 Definitions
The definitions that appear in
Section 200.15 shall apply to the provisions of this Subpart. In addition, the
following terms are defined for the purposes of this Subpart:
"Immediate Container" means the unit, can, box,
tin, bag, or other receptacle or covering in which a pet food is displayed for
sale to retail purchasers, but does not include containers used as shipping
containers.
"Information Panel" means the part of the label
immediately contiguous and to the right of the principal display panel as
prescribed in 21 CFR 501.2 (1992).
"Ingredient Statements" means a collective and
contiguous listing on the label of the ingredients of which the pet food is
composed.
"Principal Display Panel" means the part of a label
that is most likely to be displayed, presented, shown or examined under normal
and customary conditions of display for retail sale as prescribed in 21 CFR
501.1 (1992).
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.130 LABEL FORMAT AND LABELING
Section 200.130 Label Format
and Labeling
a) The statement of net content and product name shall be shown
on the principal display panel. All other required information may be placed
elsewhere on the label but shall be conspicuous as to render it easily read
under ordinary conditions of purchase and sale.
b) The declaration of the net content shall be made in conformity
with the Illinois Weights and Measures Act (Ill. Rev. Stat. 1991, ch. 147, par.
101 et seq.).
c) The information which is required to appear in the
"Guaranteed Analysis" shall be listed in the following order:
1) Crude protein (Minimum Percent)
2) Crude fat (Minimum Percent)
3) Crude fiber (Maximum Percent)
4) Moisture (Maximum Percent)
5) Additional guarantees, if any, shall follow moisture.
d) The label of a pet food shall specify the name and address of
the manufacturer, packer or distributor of the pet food.
e) If a person manufactures, packages, or distributes a pet food
in a place other than the principal place of business, the label may state the
principal place of business in lieu of the actual place where each package of
such pet food was manufactured or packaged or is to be distributed, if such
statement is not misleading in any particular.
f) A vignette, graphic, or pictorial representation of a product
on a pet food label shall not misrepresent the contents of the package.
g) The use of the word "proven" in connection with
label claims for a pet food is not permitted unless scientific or other
empirical evidence establishing the claim represented as "proven" is
available.
h) No statement shall appear upon the label of a pet food which
makes false or misleading comparisons between that pet food and any other pet
food.
i) Personal or commercial endorsements are permitted on pet food
labels where said endorsements are factual and not otherwise misleading.
j) When a pet food is enclosed in any outer container or wrapper
which is intended for retail sale, all required label information shall appear
on such outside container or wrapper.
k) The words "Dog Food", "Cat Food", or
similar designations shall appear conspicuously upon the principal display
panel of the pet food label.
l) The label of a pet food shall not contain an unqualified
representation or claim that the pet food is or meets the requisites of a
complete, perfect, scientific or balanced ration for dogs or cats unless such
product:
1) contains ingredients in quantities sufficient to provide the
estimated nutrient requirements for all stages of the life of a dog or cat
which have been determined by the AAFCO Pet Food Nutrient Profile, as adopted
in Section 10 of the Act; or
2) contains a combination of ingredients which when fed to a
normal animal as the only source of nourishment shall provide for fertility,
gestation and lactation of females, normal growth from weaning to maturity
without supplemental feeding, and will maintain the normal weight of an adult
animal whether working or at rest and has had its capabilities demonstrated by
testing.
m) Labels for products which are compounded for or which are
suitable for only a limited purpose (i.e., a product designed for the feeding
of puppies) may contain representations (e.g., "complete food for
puppies") stating that the product meets the requisites of a complete,
perfect, scientific or balanced ration for dogs or cats only if:
1) Such representations and the required qualification shall
appear on the same panel and in the same size, style and color print; and
2) The pet food contains:
A) ingredients in quantities sufficient to satisfy the estimated
nutrient requirements as determined by AAFCO and adopted in Section 10 of the
Act; or
B) a combination of ingredients which when fed for such limited
purpose shall satisfy the nutrient requirements for such limited purpose and
has had its capabilities demonstrated by testing.
n) Except as specified by Section 200.140(a), the name of any
ingredient which appears on the label, other than in the product name, shall
not be given emphasis so as to create the impression that such an ingredient is
present in the product in a larger amount than is the fact, shall constitute at
least 3% of the total ingredients (exclusive of water sufficient for
processing) when preceded by the designation "with" or like term, and
shall be in the same size, style and color print. If the names of more than
one such ingredient are shown, they shall appear in the order of their
respective predominance by weight in the product.
o) The label of a dog or cat food, other than one prominently
identified as a snack or treat as part of the designation required upon the
principal display panel under subsection (k) of this Section shall bear, on
either the principal display panel or the information panel in type of the same
size as the largest type on the panel, a statement of the nutritional adequacy
or purpose of the product. Such statement shall consist of one of the
following:
1) A claim that the pet food meets or exceeds the requirements of
one or more of the recognized categories of nutritional adequacy (i.e.,
gestation, lactation, growth, maintenance, and complete for all life stages) in
accordance with subsection (l) and (m) of this Section.
2) A nutrition or dietary claim for purposes other than those
listed in subsections (l) and (m) of this Section if the claim is
scientifically substantiated.
3) The statement: "This product is intended for
intermittent or supplemental feeding only," if a product does not meet
either the requirements of subsections (l) and (m) of this Section or any other
special nutritional or dietary need and so is suitable only for limited or
intermittent or supplementary feeding.
4) The statement: "Use only as directed by your
veterinarian", if it is pet food product intended for use by, or under the
supervision or direction of, a veterinarian and shall make a statement in
accordance with subsections (o)(1) or (o)(3) above.
p) The use of claims on pet food labels stating improvement or
newness shall be substantiated by the manufacturer and limited to six months
production. The use of claims stating preference or comparative attribute
claims shall be substantiated by the manufacturer and limited to one (1) year
production after which the claim must be removed or resubstantiated.
q) Dog and cat foods labeled as complete and balanced for any or
all life's stages as provided in subsection (o)(1) above, except those pet
foods labeled in accordance with subsection (o)(4) above, shall list feeding
directions on the product label. These directions shall be expressed in common
terms and shall appear prominently on the label. Feeding directions shall, at
a minimum, state "Feed (weight/unit of product) per (weight unit) of dog
(or cat)".
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.140 BRAND AND PRODUCT NAMES
Section 200.140 Brand and
Product Names
a) No flavor designation shall be used on a pet food label unless
the designated flavor is detectable by test methods, as adopted in Section 9 of
the Act. Any flavor designation on a pet food label shall either conform to
the name of its source as shown in the ingredient statement or the ingredient
statement shall show the source of the flavor. The word flavor shall be
printed in the same size type and with an equal degree of conspicuousness as
the ingredient term(s) from which the flavor designation is derived.
Distributors of pet food employing such flavor designation or claims on the
labels of the product distributed by them, shall upon written request, supply
verification of the designated or claimed flavor to the Director.
b) The designation "100%" or "All" or words
of similar connotation shall not be used in the brand or product name of a pet
food if it contains more than one ingredient. However, for the purpose of this
provision, water sufficient for processing, decharacterizing agents and trace
amounts of preservatives and condiments shall not be considered ingredients.
c) The term "meat" and "meat by-products"
shall be qualified to designate the animal from which the meat and meat
by-products are derived unless the meat and meat by-products are from cattle,
swine, sheep or goats. For example, "horsemeat" and "horsemeat
by-products."
d) The name of the pet food shall not be derived from one or more
ingredients of a mixture of a pet food product unless all components or
ingredients are included in the name except as specified by subsection (a), (e)
or (f) of this Section; provided that the name of an ingredient or combination
of ingredients may be used as a part of the product name if:
1) the ingredient or combination of ingredients is present in a
quantity to impart a distinctive characteristic to the product;
2) it does not constitute a representation that the ingredient or
combination of ingredients is present to the exclusion of other ingredients; or
3) it is not otherwise false or misleading.
e) When an ingredient or a combination of ingredients derived
from animals, poultry, or fish constitutes 95% or more of the total weight of
all ingredients of a pet food mixture, the name or names of such ingredient(s)
may form a part of the product name of the pet food; provided that where more
than one ingredient is part of such product name, then all such ingredient
names shall be in the same size, style, and color print. Water sufficient for
processing shall be excluded when calculating the percentage of the named
ingredient(s). However, such named ingredient(s) shall constitute at least 70%
of the total product.
f) When an ingredient or a combination of ingredients constitutes
at least 25% but less than 95% of the total weight of all ingredients of a dog
or cat food mixture, the name or names of such ingredient or ingredients may
form a part of the product name of the pet food if each of the ingredients
constitutes at least 3% of the product weight excluding water used for
processing and only if the product name also includes a primary descriptive
term such as "dinner", "platter", or similar designation so
that the product name describes the contents of the product so that the product
name is not misleading. If the names of more than one such ingredient are
shown, they shall appear in the order of their respective predominance by
weight in the product. All such ingredient names and the primary descriptive
term shall be in the same size, style and color print. For the purpose of this
provision, water sufficient for processing shall be excluded when calculating
the percentage of the named ingredient(s). However, such named ingredient(s)
shall constitute at least 10% of the total product.
g) Contractions or coined names referring to ingredients shall
not be used in the brand name of a pet food unless it is in compliance with
subsection (a), (d), (e), or (f) above.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.150 EXPRESSION OF GUARANTEES
Section 200.150 Expression
of Guarantees
a) The sliding scale method of expressing a guaranteed analysis
(for example, "protein 15-18%") is prohibited.
b) Pursuant to Section 5(a)(3) of the Act, the label of a pet
food which is formulated as and represented to be a mineral supplement, shall
include in the guaranteed analysis the minimum and maximum percentages of
calcium, the minimum percentage of phosphorus and the minimum and maximum
percentages of salt. The minimum content of all other essential nutrient
elements recognized by the AAFCO Dog or Cat Food Nutrient Profile, as adopted
in Section 10 of the Act, from sources declared in the ingredient statement
shall be expressed as the element in units specified in the recognized nutrient
profile.
c) The label of pet food which is formulated as and represented
to be a vitamin supplement shall include a guarantee of the minimum content of
each vitamin declared in the ingredient statement.
d) Vitamins guaranteed on pet foods shall be stated in
International Units per kilogram (IU/kg) for vitamins A, D, and E. All other
vitamins shall be stated in milligrams per kilogram (mg/kg) except vitamin B12
which may be guaranteed in micrograms per kilogram (mcg/kg).
e) The vitamin potency of pet food products distributed in
containers smaller than 1 lb. may be guaranteed in International Units (IU) per
kilogram of weight for vitamins A, D, and E. All other vitamins may be
guaranteed in milligrams per kilogram of weight (mg/kg) except vitamin B12
which may be guaranteed in micrograms per kilogram (mcg/kg).
f) If the label of a pet food does not represent the pet food to
be either a vitamin or a mineral supplement, but does include a table of
comparison of a typical analysis of the vitamin, mineral, or nutrient content
of the pet food with levels determined by the AAFCO, as adopted in Section 10
of the Act, the statement in a table of comparison of the vitamin, mineral, or
nutrient content shall constitute a guarantee, but need not be repeated in the
guaranteed analysis. Such table of comparison may appear on the label separate
and apart from the guaranteed analysis.
g) The use of percentages or words of similar import when
referring to nutrient levels established by the AAFCO Pet Food Nutrient
Profile, as adopted in Section 10 of the Act, shall not be permitted on pet
food labels, except that such direct comparisons in whole or part of the
individual nutrient contents of a pet food with those recommended by the
recognized nutrient profile may be made where the comparisons are expressed in
the same quantitative units as those used by the cited nutrient profile and,
1) the product in question meets the nutrient profile determined
by AAFCO, and
2) the comparison is preceded by a statement to that effect.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.160 INGREDIENTS
Section 200.160 Ingredients
a) The maximum moisture in all pet foods shall be guaranteed and
shall not exceed 78.00% or the natural moisture content of the constituent
ingredients of the product, whichever is greater. Pet foods such as those
consisting principally of stew, gravy, sauce, broth, juice or a milk replacer
which are so labeled may contain moisture in excess of 78.00%.
b) Each ingredient of the pet food shall be listed in the
ingredient statement, and names of all ingredients in the statement shall be
shown in letters or type of the same size. The failure to list the ingredients
of a pet food in descending order by their predominance by weight in
non-quantitative terms shall be misleading. Any ingredient for which the AAFCO
has established a name and definition shall be identified by the name so
established. Any ingredient for which no name and definition has been so
established shall be identified by the common or usual name of the ingredient.
Brand or trade names shall not be used in the ingredient statement.
c) The term "dehydrated" may precede the name of any
ingredient in the ingredient list that has been artificially dried.
d) No reference to quality or grade of an ingredient shall appear
in the ingredient statement of a pet food.
e) No reference to the quality, nature, form, or other attribute
of an ingredient shall be made unless such designation is accurate.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.170 DRUGS AND PET FOOD ADDITIVE
Section 200.170 Drugs and
Pet Food Additive
a) An artificial color may be used in a pet food only if it has
been shown to be harmless to pets. The permanent or provisional listing of an
artificial color in the United States Food and Drug Regulations, as adopted in
Section 10 of the Act, as safe for use, together with the conditions,
limitations, and tolerances, if any, incorporated therein, shall be deemed to
be satisfactory evidence that the color is, when used pursuant to such
regulations, harmless to pets.
b) Prior to approval of a registration application or approval of
a label for pet food which contains additives (including drugs, other special
purpose additives, or non-nutritive additives), the distributor shall submit
evidence to prove the safety and efficacy of the pet food, when used according
to directions furnished on the label. Satisfactory evidence of the safety and
efficacy of a pet food may be:
1) when the pet food contains such additives, the use of which
conforms to the requirements of the applicable regulations in the 21 CFR, or which
are "prior sanctioned" or "generally recognized as safe"
for such use, or
2) when the pet food itself is a drug as defined in Section 3(g)
of the Act and is generally recognized as safe and effective or is marketed
subject to an application approved by the Food and Drug Administration under 21
U.S.C. 360(b).
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
SUBPART C: GENERAL REQUIREMENTS
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.200 PAYMENT OF INSPECTION FEE
Section 200.200 Payment of
Inspection Fee
The inspection fee as set forth
in Section 6 of the Act is to be paid on all registered commercial feed shipped
into Illinois or distributed in Illinois by the person who first distributes
the commercial feed, except the inspection fee is not required on the first
distribution if made to exempt buyers who shall become responsible for the
fee. Any person may request "exempt buyer" status from the Director
by providing business information which indicates the person does 50% or more
business as an interstate distributor or central buyer. The Director shall
grant exempt buyer status to persons doing 50% or more business as interstate
distributors or central buyers. A list of "exempted buyers" may be
obtained from the Director.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.210 FIRM LICENSE
Section 200.210 Firm License
Any person who manufactures feed
in this State or whose name appears on the label shall register on forms
furnished by the Department. The following information is required: the
complete firm name, complete address of home office, phone number, and list of
any and all additional facilities giving complete address of same which are
operated under the same firm name and are registered under one firm license in
the State of Illinois. A facility operating under a name different from the
home office is required to obtain a separate firm license.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
| TITLE 8: AGRICULTURE AND ANIMALS
CHAPTER I: DEPARTMENT OF AGRICULTURE
SUBCHAPTER d: FEED
PART 200
COMMERCIAL FEED ACT
SECTION 200.220 ADMINISTRATIVE RULES
Section 200.220
Administrative Rules
All decisions and actions of the
Department are subject to the Illinois Administrative Procedure Act (Ill. Rev.
Stat. 1991, ch. 127, par. 1-1001 et seq.) and the Department's Administrative
Rules (8 Ill. Adm. Code 1) which pertain to administrative proceedings,
administrative hearings, contested cases, petitions, and public disclosure of
files.
(Source: Added at 16 Ill. Reg. 15889, effective September 30, 1992)
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