§717. Cancellation of Certificates or Limited Permits
(Formerly LAC 7:XXI.2717)
A. Certificates or limited permits may be withdrawn or canceled and further certificates or permits refused whenever it is determined that their further use might result in the spread of the pest.
AUTHORITY NOTE: Adopted in accordance with R.S. 3:2351.
HISTORICAL NOTE: Adopted by the Department of Agriculture, June 1960, repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:934 (May 2014).
§719. Waiver of Liability
(Formerly LAC 7:XXI.2719)
A. The Department of Agriculture or its inspector will not be responsible in any way for the death of livestock, bees or plants in areas treated for the control of the imported fire ant after official notice has been given that such areas are to be treated. When such notice is given, property owners are to take all necessary precautions to protect their properties.
AUTHORITY NOTE: Adopted in accordance with R.S. 3:2351.
HISTORICAL NOTE: Adopted by the Department of Agriculture, June 1960, repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:934 (May 2014).
§721. Shipments for Scientific Purposes
(Formerly LAC 7:XXI.2721)
A. The restrictions of this quarantine do not apply to shipments of regulated products under proper safeguards to the United States Department of Agriculture, or to recognized state institutions for scientific purposes, except that a special permit issued by a duly authorized state or federal inspector, must be attached to the outside of the container.
AUTHORITY NOTE: Adopted in accordance with R.S. 3:2351.
HISTORICAL NOTE: Adopted by the Department of Agriculture, June 1960, repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:934 (May 2014).
§723. Penalties
(Formerly LAC 7:XXI.2723)
A. Any person found guilty of violating the provisions of this quarantine and regulation is subject to the penalties provided for by section 1736 of parts 2 and 3 of chapter 12 of title 3 of the Louisiana Revised Statutes of 1950.
B. Regulated products held in storage, warehouses, moved, sold or offered for sale in violation of this quarantine and regulation shall be confiscated by an inspector of the department and either destroyed or otherwise disposed of in such a manner as to eliminate the hazard of spreading imported fire ant infestation.
AUTHORITY NOTE: Adopted in accordance with R.S. 3:2354 and R.S. 3:2351.
HISTORICAL NOTE: Adopted by the Department of Agriculture, June 1960, repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:934 (May 2014).
§725. Effective Date
(Formerly LAC 7:XXI.2725)
A. The above quarantine and regulation to prevent spread of, control and eradicate the imported fire ant may be revised or amended at any time conditions warrant.
AUTHORITY NOTE: Adopted in accordance with R.S. 3:2351.
HISTORICAL NOTE: Adopted by the Department of Agriculture, June 1960, repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:934 (May 2014).
Title 7
AGRICULTURE AND ANIMALS
Part XVII. Feed
Chapter 1. Commercial Feeds
Subchapter A. Official Feed
§101. Definitions and Terms
A. The names and definitions for commercial feeds shall be the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials (AAFCO), except as the commission designates otherwise in specific cases.
B. The terms used in reference to commercial feeds shall be the official feed terms adopted by the AAFCO, except as the commission designates otherwise in specific cases.
C. The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of R.S. 3:1391(3): raw meat, and hay, straw, stover, silages, cobs, husks and hulls when unground and when not mixed or intermixed with other materials; provided that these commodities are not adulterated within the meaning of R.S. 3:1396.
D. Individual chemical compounds and substances are hereby declared exempt from the definition of commercial feed under the provisions of R.S. 3:1391(3). It has been determined that these products meet the following criteria.
1. There is an adopted AAFCO definition for the product.
2. The product is either generally recognized as safe (GRAS) or is not covered by a specific FDA regulation.
3. The product is either a natural occurring product of relatively uniform chemical composition or is manufactured to meet the AAFCO definition of the product.
4. The use of the product in the feed industry constitutes a minor portion of its total industrial use.
5. Small quantities of additives, which are intended to impart special desirable characteristics shall be permitted.
6. There is no need or problem of control of this product.
E. Exempted under §101.D is loose salt.
F. Definitions
Animal Waste Products―processed animal excrets which have been made safe to use as a feed ingredient. For those products the commission adopts the quality standards and definitions listed under Section 74 (Recycled Animal Waste Products) of the AAFCO official publication.
Brand Name or Brand―any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a registrant and distinguishing it from that of others.
By-Products―secondary products produced in addition to the principal product except ingredients which are a primary source of protein.
Commercial Feed―all materials including vitamin and mineral mixes, except whole seeds unmixed or physically altered entire unmixed seeds, which are distributed for use as pet food or as feed for livestock or for mixing in pet food or in feed for livestock.
Commission―the Louisiana Feed, Fertilizer, and Agricultural Liming Commission.
Commissioner―the commissioner of agriculture and forestry or his duly authorized representatives acting at his direction.
Crude Fat―the percent ether extract (or other appropriate fat solvent extract) determined by the appropriate official method outlined in AOAC Official Methods of Analysis.
Crude Fiber―the portion of a feed or ration which is determined by using the appropriate official method as outlined in the AOAC Official Methods of Analysis.
Crude Protein―the percent nitrogen times 6.25 where the percent nitrogen is determined by the appropriate official method outlined in AOAC Official Methods of Analysis.
Customer Formula Feed―commercial feed which consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
Distribute―to sell, offer for sale or expose for sale or trading.
Distributor―a person who distributes.
Guaranteed Feeding Units―the minimum crude protein, minimum crude fat, maximum crude fiber and minimum or maximum minerals expressed as percentages and indicated on the label as being contained in the commercial feed.
Ingredient or Ingredients―any of the constituent materials making up a commercial feed.
Invert Sugar―a mixture of glucose and fructose resulting from the hydrolysis of sucrose. The value of invert sugars are determined by official methods outlined in AOAC Official Methods of Analysis. The method varies with the type of material being analyzed.
Label―a display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed.
Labeling―all labels and other written, printed or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed.
Livestock―cattle, buffalo, bison, oxen, and other bovine; horses, mules, donkeys, and other equine; sheep; goats; swine; domestic rabbits; fish, turtles, and other animals identified with aquaculture that are located in artificial reservoirs or enclosures that are both on privately owned property and constructed so as to prevent, at all times, the ingress and egress of fish life from public waters; imported exotic deer and antelope, elk, farm-raised white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; chickens, turkeys, and other poultry; and animals placed under the jurisdiction of the commissioner of agriculture and forestry and any hybrid, mixture, or mutation of any such animal.
Manufacture―to grind, mix, blend or further process a commercial feed for distribution.
Manufacturer―a person who manufactures a commercial feed or a customer-formula feed.
Medication―any drug, antibiotic or other substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than feed ingredients intended to affect the structure or any function of the animal body.
Minerals―naturally occurring, homogeneous, inorganic chemical elements having definite chemical and physical characteristics. These elements are essential for proper growth, development, milk production and maintenance of body tissue.
Official Sample―a sample of feed taken by the commissioner or his agent in accordance with provisions of R.S. 3:1398.
Package―a parcel, bag or other container.
Percent or Percentages―percentages by weights.
Person―includes individual, partnership, corporation and association, or other legal entity.
Pet―any domesticated animal normally maintained in or near the household of the owner thereof.
Pet Food―any commercial feed prepared and distributed for consumption by pets.
Premises―any place such as, but not exclusively, warehouses, factories, stores, trucks, railroad cars, boats, etc.
Products Sold Primarily for Sugar Content―include beet molasses, citrus molasses, hemicellulose extract, starch molasses, cane molasses and beet molasses, dried product. Each of these ingredients are defined in the Official Publication of the Association of American Feed Control Officials.
Protein from Nonprotein Nitrogen (NPN)―the percent nitrogen times 6.25 where the nitrogen is determined by the appropriate official method as outlined in the AOAC Official Methods of Analysis (1984) Sections 7.010-7.059. The nitrogen from NPN is derived from chemical compounds other than proteins.
Registrant―the person registering a feed with the commission.
Rule, Rules, Regulation, Regulations or Rules and Regulations―those of the commission adopted initially and from time to time to achieve the intent and purposes of R.S. 3:1391 et seq. or to facilitate its administration.
State Chemist―the director of the Louisiana Agricultural Experiment Station of the Louisiana State University Agricultural Center, or his designee.
Sugars―any of the class of water-soluble crystalline carbohydrates including sucrose and lactose having a characteristically sweet taste.
Ton―a net weight of 2,000 pounds avoirdupois.
Value of the Protein Deficiency―the value of the crude protein as set by the state chemist times the difference between the guaranteed protein analysis and the actual protein analysis of the feed sample.
Vitamins―organic compounds that function as parts of enzyme systems essential for the transmission of energy and the regulation of metabolisms of the body.
Whole Seeds―seeds of a single type, completely intact, and which have not been mechanically or chemically altered or processed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1391 and R.S. 3:1392.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Feed Commission, LR 11:219 (March 1985), amended by the Department of Agriculture and Forestry, Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2524 (October 2012).
§103. Label Format
A. Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in the following general format:
1. net weight;
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 medication (claim statement);
c. an active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with §107.D;
d. the required directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by §§111 and 113 appear elsewhere on the label;
4. the guaranteed analysis of the feed as required under the provisions of R.S. 3:1394(A)(3) include the following items, unless exempted in §103.A.4.h, and in the order listed:
a. minimum percentage of crude protein;
b. maximum or minimum percentage of equivalent protein from nonprotein nitrogen as required in §107.E;
c. minimum percentage of crude fat;
d. maximum percentage of crude fiber;
e. minerals, to include, in the following order:
i. minimum and maximum percentages of calcium (Ca);
ii. minimum percentage of phosphorus (P);
iii. minimum and maximum percentages of salt (NaCl); and
iv. other minerals;
f. vitamins in such terms as specified in §107.C;
g. total sugars as invert on dried molasses products or products being sold primarily for their sugar content;
h. exemptions:
i. guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than 6 1/2 percent of the total of calcium, phosphorus, sodium and chloride. Except that all commercial feeds for dairy use sold in bulk shall be accompanied by a label stating the content of these minerals;
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 or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements and molasses;
5. feed ingredients, collective terms for the grouping of feed ingredients, as provided under the provisions of R.S. 3:1394(A)(6):
a. the name of each ingredient as defined in the Official Publication of the Association of American Feed Control Officials, common or usual name, or one approved by the commission;
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 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;
ii. 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;
6. name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state and zip code;
7. the information required in R.S. 3:1394(A)(1) through R.S. 3:1394 (A)(7) must appear in its entirety on one side of the label or on one side of the container. The information required by R.S. 3:1394 (A)(8) and R.S. 3:1394 (A)(9) 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 R.S. 3:1394 (A)(8) and R.S. 3: 1394 (A)(9) 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 R.S. 3:1394 shall be subordinated or obscured by other statements or designs.
8. If the feed contains protein derived from mammalian tissues, a statement that the feed shall not be fed to ruminants.
B. Customer-formula feed shall be accompanied with the information prescribed in this regulation using labels, 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 feed name and brand name if any;
5. the product name and net weight of each registered commercial feed and each other ingredient used in the mixture;
6. the direction for use and precautionary statements as required by §§111 and 113;
7. 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 §107.D.
8. If the feed contains protein derived from mammalian tissues, a statement that the feed shall not be fed to ruminants.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1394, R.S. 3:1393 and R.S. 3:1392.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Feed Commission, LR 11:220 (March 1985), amended LR 11:943 (October 1985), amended by the Department of Agriculture and Forestry, Feed, Fertilizer, and Agricultural Liming Commission, LR 38:2524 (October 2012).
§105. 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 and only in the product name of feeds 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 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 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 feed that contains added nonprotein 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. Digital numbers shall not be used in such a manner as to be misleading or confusing to the customer.
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 commission 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 §107.C.
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 made from cattle, swine, sheep and goats.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:1392, 1393, and 1394.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Feed Commission, LR 11:221 (March 1985).
§107. Expression of Guarantees
A. The guarantees for crude protein, equivalent protein from nonprotein nitrogen, crude fat, crude fiber and mineral guarantees (when required) will be in terms of percentage.
B. Commercial feeds containing 6 1/2 percent 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 percentage of salt (NaCl). Except that all dairy rations sold in bulk shall be accompanied by a label stating the content of these minerals. 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 5 percent or less, the maximum shall not exceed the minimum by more than
1 percentage point.
2. When the minimum is above 5 percent, the maximum shall not exceed the minimum by more than
20 percent and in no case shall the maximum exceed the minimum by more than 5 percentage 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 International or 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 International or 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 Hydrochloride and Mononitrate 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.
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