Chapter 901:5-7 Commercial Feeds

901:5-7-01 Definitions and terms.

(A) Except for those terms specifically defined in this chapter, the department of agriculture hereby adopts, by reference, the following from the association of American feed control officials (AAFCO):

(1) The official definitions of the feed ingredients, the official feed terms, and the process and procedures as contained in the 2013 edition of the "Official Publication"; and

(2) The May 1, 2000, AAFCO feed inspectors manual.

(B) Under authority of division (C) of section 923.41 of the Revised Code the following commodities when not mixed with other materials, are exempt from the definitions of commercial feed: raw meat, goat milk, hay, straw, stover, silage, cobs, husks, and hulls, provided that those commodities and substances are not adulterated within the meaning of divisions (A) to (F) of section 923.48 of the Revised Code.

(C) Under authority of division (C) of section 923.41 of the Revised Code individual chemical compounds or substances, when not mixed or intermixed with other materials, are exempt from the definition of commercial feed.

(D) "Commercial feed" or "feed" means all materials, except unmixed whole seeds or physically altered entire unmixed seeds, that are not adulterated and that are distributed for use as feed or for mixing in feed for animals.

(E) "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.

(F) "Ingredient statements" means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.

(G) "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.

(H) "Pet" means any domestic animal normally maintained in or near a household.

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

(J) "Pasteurization" means the process of heating every particle of milk or milk product, in properly designed and operated equipment, to one of the temperatures given in the following charts and held continuously at or above that temperature for at least the corresponding specified time:

Batch (Vat) Pasteurization

Temperature

Time

63°C (145°F)

30 minutes

Continuous Flow (HTST and HHST) Pasteurization

Temperature

Time

72°C (161°F)

15 seconds

89°C (191°F)

1.0 second

90°C (194°F)

0.5 seconds

94°C (201°F)

0.1 seconds

96°C (204°F)

0.05 seconds

100°C (212°F)

0.01 seconds

If the fat content of the milk product is ten per cent or greater, or a total solids of eighteen per cent or greater, or if it contains added sweeteners, the specified temperature shall be increased by three degrees Celsius (five degrees Farenheit)

(K) "Raw Milk" means milk that has not been pasteurized.

Effective: 09/21/2014
R.C. 119.032 review dates: 07/25/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.41
Prior Effective Dates: 5/1/95, 9/22/05, 7/17/06, 2/19/08, 7/7/2008, 06/16/2011, 7/25/2013

901:5-7-01.1 Product name.

(A) The percentage value in the product name of a commercial feed shall signify only crude protein, and/or equivalent crude protein content, unless otherwise qualified. Digital numbers may be used as long as they are not used in such a manner as to mislead or confuse the customer.

(B) No person shall include in the product name of a commercial feed:

(1) The word "protein", if the feed contains non-protein nitrogen;

(2) The name of any ingredient to the exclusion of other ingredients provided that if any ingredient 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 in a manner that is not otherwise false of misleading;

(3) The word "vitamin", any contraction thereof, or any word suggesting vitamin content unless the product is represented to be a vitamin supplement and the label includes the minimum content of each vitamin declared;

(4) The word "mineralized", except in the product name "trace mineralized salt".

(C) 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.

(D) 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.

(E) 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 director designates otherwise.

(F) The term "meat" or "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 made from cattle, swine, sheep, and goats.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.41
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-02 Label guarantees for drugs, minerals, vitamins and moisture.

(A) Each person who distributes a commercial feed which guarantees drug, vitamin, or mineral content shall attach a label which states guarantees:

(1) For drugs, other than antibiotics, in terms of percentage by weight;

(2) For each antibiotic in grams per ton of feed when the total of all antibiotics included is less than two thousand grams per ton of feed;

(3) For each antibiotic in grams per pound of feed when the total of all antibiotics included is two thousand grams or more per ton of feed;

(4) In milligrams per pound of feed, in lieu of percentage or gram declarations for drugs, including antibiotics, only in those cases where dosage is given as milligrams per day in the feeding directions;

(5) For minerals, as a percentage of the element with the minimum and maximum percentage of calcium, minimum percentage of phosphorus, minimum and maximum percentage of salt, and the minimum and/or maximum percentages of other minerals being specified. The requirements for a salt guarantee shall apply only if salt is added.

(a) When calcium and salt guarantees are given in the guaranteed analysis, such shall be stated and conform to the following:

(i) When the minimum is below 2.5 per cent, the maximum shall not exceed the minimum by more than 0.5 percentage point.

(ii) When the minimum is 2.5 per cent but less than 5.0 per cent, the maximum shall not exceed the minimum by more than one percentage point.

(iii) When the minimum is above five per cent or greater, the maximum shall not exceed the minimum by more than twenty per cent of the minimum and in no case shall the maximum exceed the minimum by more than five percentage points.

(b) When required, guarantees for minimum potassium, magnesium, sulfur, and maximum fluoride 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 ten thousand PPM and in percentage when the concentration is ten thousand PPM (one per cent) or greater.

(6) For vitamins in milligrams per pound of feed except that:

(a) Vitamin A, other than precursors of vitamin A, shall be stated in international units per pound of feed;

(b) Vitamin D in products offered for poultry feeding, shall be stated in international chick units, per pound of feed;

(c) Vitamin D for other uses shall be stated in international units per pound of feed; and

(d) Vitamin E shall be stated in international units per pound of feed.

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

(B) Each person who guarantees the vitamin content of a commercial feed shall on the label, express the vitamin activity of the following vitamins: menadione; riboflavin; dpanthothenic acid; thiamine; niacin; vitamin B-6; folic acid; choline; biotin; inositol; P-amino benzoic acid; ascorbic acid; and carotene, in milligrams per pound.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.49
Prior Effective Dates: 1/31/1972, 5/1/1995

901:5-7-03 Ingredient statements.

(A) Each person who distributes commercial feeds shall include in ingredient statements on the labels:

(1) Names of all ingredients in letters of the same size and type;

(2) "Water" as an ingredient of canned foods for animals, if water is added in the preparation of the food.

(B) No person who distributes commercial feeds shall include in ingredient statements on the labels:

(1) Reference to the quality or grade of an ingredient;

(2) A brand or registered trademark name either preceding or following the recognized official name of an ingredient;

(3) The word "dehydrated" preceding the name of an ingredient, unless the ingredient has been artificially dried.

(C) In lieu of stating individual ingredients on the label of a commercial feed, the director of agriculture shall permit a licensee or registrant to use collective terms as defined by the association of American feed control officials for groups of ingredients which perform the same nutritional functions.

(D) A single ingredient product defined by the association of American feed control officials is not required to have an ingredient statement.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-04 Minerals.

No person shall:

(A) Include the word "iodized" in the name of a feed ingredient on the label of a commercial feed, unless the mixture of the feed ingredient and the iodine source contains not less than seven thousandths per cent iodine.

(B) Distribute mineral phosphatic materials for feeding purposes unless they are labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of flourine.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.49
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-05 Maintenance requirements.

For the manufacture, distribution, and storage of commercial and customer-formula feeds, the following shall apply:

(A) Housekeeping must be adequate to prevent contamination or adulteration of feeds and to minimize vermin/pest infestation. When housekeeping is not adequate to prevent contamination or adulteration of feeds, the director of agriculture may invoke a part of or all of section 3715.01 and sections 3715.52 to 3715.72 of the Revised Code to ensure compliance.

(B) Scales used for the manufacture of feed shall be precise and accurate.

(C) Work areas for the manufacture of feed and the storage area of feed shall not be used for manufacturing or storage of fertilizers, herbicides, insecticides, fungicides, rodenticides, and other pesticides unless the articles are approved for use in the manufacture of animal feeds.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.48
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-06 Labeling of feeds containing non-protein nitrogen.

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

(A) For ruminants:

(1) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than five per cent 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 five per cent 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, 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,_________%

Equivalent crude protein from non-protein nitrogen, minimum,__________ %"

(B) For non-ruminants:

(1) Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such, shall be labeled as follows:

"Crude protein, minimum__________%

(This includes not more than_________% equivalent crude protein which is not nutritionally available to (species of animal for which feed is intended)."

(2) Premixes, concentrates or supplements intended for non-ruminants containing more than 1.25 per cent equivalent crude protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement: Warning: This feed must be used only in accordance with directions furnished on the label.

(C) The presence of added non-protein products in medicated feeds shall not require duplication of feeding directions and the warning statement.

(D) For all commercial feeds containing non-protein nitrogen, the label shall have:

(1) The name of each substance which supplies the non-protein nitrogen in the list of ingredients; and

(2) Directions for use and a caution statement when the feed contains equivalent crude protein from all forms of added non-protein nitrogen in excess of:

(a) Eight and seventy-five one hundredths per cent; or

(b) One-third of the total crude protein guarantee; and

(3) A precautionary statement stating the following: "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 can be read and understood by ordinary people.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-07 Labels.

All information on labels required by sections 923.41 to 923.55 of the Revised Code, and Chapter 901:5-7 of the Administrative Code adopted thereunder, shall be legible, distinguishable, visible and sufficiently conspicuous to render it likely to be read.

Effective: 08/04/2013
R.C. 119.032 review dates: 05/20/2013 and 08/04/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.49
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-08 Exempt buyer.

To be an exempt buyer, one must be a major feed manufacturer within Ohio and furnish substantial quantities of commercial feeds or feed ingredients at wholesale to distributors in other states. The director, or his representative, will determine the qualifications of an exempt buyer applicant and may grant exempt buyer status based on his findings.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.41 , 923.44
Prior Effective Dates: 8/9/1968, 5/1/1995

901:5-7-09 Labeling feeds containing drugs.

(A) Each person who distributes a commercial feed that contains a drug shall include on the label:

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

(2) The purpose statement (claim) below the word "medicated" which includes claims allowed by allowed by Title 21 of the Code of Federal Regulations.

(3) The warning and precautionary statements when required and feeding directions.

(4) The active drug ingredients and the amounts in accordance with rule 901:5-7-02 of the Administrative Code.

(B) Each person who distributes a customer formula feed that contains a drug shall include on or attached to the invoice, shipping document, or bill of lading in addition to the information required in division (B) of section 923.43 of the Revised Code:

(1) The specific amount of the active drug ingredient in the final complete mix.

(2) The purpose of medication in the feed.

(3) Specific warning, precaution or discontinuance statements as required for the drugs indicated, and

(4) Feeding directions for the feed.

R.C. 119.032 review dates: 07/12/2011 and 07/12/2016
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.49 , 923.50
Prior Effective Dates: 1/31/72, 5/1/95, 07/17/2006

901:5-7-10 Labeling bulk storage.

(A) No person shall distribute commercial feed from a bulk storage facility unless such facility is labeled with the following information:

(1) Product name;

(2) Brand name, if any;

(3) Name and address of licensee;

(4) Guaranteed analysis;

(5) Name of each ingredient (recognized official name if available) used in the commercial feed, or in lieu thereof the collective terms for groups of ingredients which perform the same nutritional functions.

(B) All purchasers of bulk commercial feed shall be provided a label containing all of the foregoing information.

R.C. 119.032 review dates: 05/20/2013 and 05/20/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 1/31/72, 5/1/95, 07/17/2006

901:5-7-11 Analytical tolerances. [Rescinded].

Rescinded eff 1-7-08

901:5-7-12 Guaranteed analysis.

(A) All commercial feeds distributed in this state shall have a label stating the specific animal class and species for which the product was intended and shall be labeled with the information prescribed in this rule. The required information shall include the following items, unless exempted, and in order listed:

(1) Animal classes and species for which the product is intended

(2) Guaranteed analysis

(a) Minimum percentage of crude protein;

(b) Maximum or minimum percentage of equivalent protein from non-protein nitrogen as required in rule 901:5-7-06 of the Administrative Code;

(c) Minimum percentage of crude fat;

(d) Maximum percentage of crude fiber;

(e) Minimum and/or maximum percentages of minerals as required in rule 901:5-7-02 of the Administrative Code;

(f) Vitamins in such terms as specified in rule 901:5-7-02 of the Administrative Code;

(g) Total sugars as invert on dried molasses or products being sold primarily for their sugar content; and

(h) Viable lactic acid producing microorganisms for use in silage stated in colony forming units per gram (CFU/g) when directions are for using the product in grams or 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 .

(3) Exemptions.

(a) A mineral guarantee for feed is not required when:

(i) The feed or feed ingredient is not intended or represented or does not serve as a principal source of that mineral to the animal; or

(ii) The feed or feed ingredient is intended for non-food producing animals and contains less than six and a half per cent total mineral content.

(iii) This exemption does not apply to those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish and veal and herd milk replacers.

(b) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

(c) Guarantees for crude protein, crude fat, and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(d) Guarantees for microorganisms are not required when the commercial feed is intended for a purpose other than to furnish these substances or they are of minor significance relating to the primary purpose of the produce, and no specific label claims are made.

(e) The indication for animal class(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.

(B) Required guarantees for swine formula feeds.

(1) Animal classes

(a) Pre-starter - two to eleven pounds

(b) Starter - eleven to forty-four pounds

(c) Grower - forty-four to one hundred ten pounds

(d) Finisher - one hundred ten to two hundred forty-two pounds (market)

(e) Gilts, sows and adult boars

(f) Lactating gilts and sows

(2) Guaranteed analysis for swine complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Minimum percentage of lysine

(c) Minimum percentage of crude fat

(d) Maximum percentage of crude fiber

(e) Minimum and maximum percentage of calcium

(f) Minimum percentage of phosphorus

(g) Minimum and maximum percentage of salt (if added)

(h) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(i) Minimum selenium in parts per million (PPM)

(j) Minimum zinc in parts per million (PPM)

(C) Required guarantees for formula poultry feeds (broilers, layers and turkeys)

(1) Animal classes

(a) Layer - chickens that are grown to produce eggs for food, i.e., table eggs

(i) Starting/growing - from day of hatch to approximately ten weeks of age

(ii) Finisher - from approximately ten weeks of age to time first egg is produced. (approximately twenty weeks of age).

(iii) Laying - from time first egg is laid throughout the time of egg production.

(iv) Breeders - chickens that produce fertile eggs for hatch replacement layers to produce eggs for food, table eggs, from time first egg is laid throughout their productive cycle.

(b) Broilers - chickens that are grown for human food

(i) Starting/growing - from day of hatch to approximately five weeks of age.

(ii) Finisher - from approximately five weeks of age to market, (forty-two to fifty-two days).

(iii) Breeders - hybrid strains of chickens whose offspring are grown for human food, (broilers) any age and either sex.

(c) Broilers, breeders, - chickens whose offspring are grown for human food (broilers).

(i) Starting/growing - from day of hatch until approximately ten weeks of age.

(ii) Finishing - from approximately ten weeks of age to time first egg is produced, approximately twenty weeks of age.

(iii) Laying - fertile egg producing chickens (broilers/roasters) from the day of first egg throughout the time fertile eggs are produced.

(d) Turkeys

(i) Starting/growing - turkeys that are grown for human food from day of hatch to approximately thirteen weeks of age for (females) and sixteen weeks of age for males.

(ii) Finisher - turkeys that are grown for human food, females from approximately thirteen weeks of age to approximately seventeen weeks of age; males from sixteen weeks of age to twenty weeks of age, (or desired market weight).

(iii) Laying - female turkeys that are producing eggs; from time first of egg is produced, throughout the time they are producing eggs.

(iv) Breeder - turkeys that are grown to produce fertile eggs, from day of hatch to time first egg is produced (approximately thirty weeks of age), both sexes.

(2) Guaranteed analysis for poultry complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Minimum percentage of lysine

(c) Minimum percentage of methionine

(d) Minimum percentage of crude fat

(e) Maximum percentage of crude fiber

(f) Minimum and maximum percentage of calcium

(g) Minimum percentage of phosphorus

(h) Minimum and maximum percentage of salt (if added)

(i) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(D) Required guarantees for beef cattle formula feeds

(1) Animal classes

(a) Calves birth to weaning

(b) Cattle on pasture

(c) Feedlot cattle

(2) Guaranteed analysis for beef complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added

(c) Minimum percentage of crude fat

(d) Maximum percentage of crude fiber

(e) Minimum and maximum percentage of calcium

(f) Minimum percentage of phosphorus

(g) Minimum and maximum percentage of salt (if added)

(h) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(i) Minimum percentage of potassium

(j) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(3) Guaranteed analysis for beef mineral feeds (if added)

(a) Minimum and maximum percentage of calcium

(b) Minimum percentage of phosphorus

(c) Minimum and maximum percentage of salt

(d) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(e) Minimum percentage of magnesium

(f) Minimum percentage of potassium

(g) Minimum copper in parts per million (PPM)

(h) Minimum selenium in parts per million (PPM)

(i) Minimum zinc in parts per million (PPM)

(j) Minimum vitamin A, other than precursors of vitamin A in international units per pound

(E) Required guarantees for dairy formula feeds

(1) Animal classes

(a) Veal milk replacer - milk replacer to be fed for veal production.

(b) Herd milk replacer - milk replacer to be fed for herd replacement calves.

(c) Starter - approximately three days to three months.

(d) Growing heifers, bulls and dairy beef

(i) Grower one - three to twelve months of age

(ii) Grower two - more than twelve months of age

(e) Lactating dairy cattle

(f) Non-lactating dairy cattle

(2) Guaranteed analysis for veal and herd replacement milk replacer

(a) Minimum percentage of crude protein

(b) Minimum percentage of crude fat

(c) Maximum percentage of crude fiber

(d) Minimum and maximum percentage of calcium

(e) Minimum percentage of phosphorus

(f) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(3) Guaranteed analysis for dairy cattle complete feeds and supplements

(a) Minimum percentage of crude protein

(b) Maximum percentage of non-protein nitrogen (NPN) when added

(c) Minimum percentage of crude fat

(d) Maximum percentage of crude fiber

(e) Maximum percentage of acid detergent fiber (ADF)

(f) Minimum and maximum percentage of calcium

(g) Minimum percentage of phosphorus

(h) Minimum selenium in parts per million (PPM)

(i) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(4) Required guaranteed analysis for dairy mixing and pasture mineral with vitamins (if added)

(a) Minimum and maximum percentage of calcium

(b) Minimum percentage of phosphorus

(c) Minimum and maximum percentage of salt

(d) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(e) Minimum percentage of magnesium

(f) Minimum percentage of potassium

(g) Minimum selenium in parts per million (PPM)

(h) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound

(F) Required guarantees for equine formula feeds

(1) Animal classes

(a) Foal

(b) Mare

(c) Breeding

(d) Maintenance

(2) Guaranteed analysis for equine complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Minimum percentage of crude fat

(c) Maximum percentage of crude fiber

(d) Minimum and maximum percentage of calcium

(e) Minimum percentage of phosphorus

(f) Minimum copper in parts per million (PPM)

(g) Minimum selenium in parts per million (PPM)

(h) Minimum zinc in parts per million (PPM)

(i) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound (if added)

(3) Guaranteed analysis for equine mineral feeds (all animal classes)

(a) Minimum and maximum percentage of calcium

(b) Minimum percentage of phosphorus

(c) Minimum and maximum percentage of salt (if added)

(d) Minimum and maximum percentage of sodium shall be guaranteed only when the total sodium exceeds that furnished by the maximum salt guarantee

(e) Minimum copper in parts per million (ppm)

(f) Minimum selenium in parts per million (ppm)

(g) Minimum zinc in parts per million (ppm)

(h) Minimum vitamin A, other than the precursors of vitamin A, in international units per pound (if added)

(G) Required guarantees for goat formula feeds

(1) Animal classes

(a) Starter

(b) Grower

(c) Finisher

(d) Breeder

(e) Lactating

(2) Guaranteed analysis for goat complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added

(c) Minimum percentage of crude fat

(d) Maximum percentage of crude fiber

(e) Maximum percentage of acid detergent fiber (ADF)

(f) Minimum and maximum percentage of calcium

(g) Minimum percentage of phosphorus

(h) Minimum and maximum percentage of salt (if added)

(i) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(j) Minimum and maximum copper in parts per million (PPM) (if added)

(k) Minimum selenium in parts per million

(l) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(H) Required guarantees for sheep formula feeds

(1) Animal classes

(a) Starter

(b) Grower

(c) Finisher

(d) Breeder

(e) Lactating

(2) Guaranteed analysis for sheep complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added

(c) Minimum percentage of crude fat

(d) Maximum percentage of crude fiber

(e) Minimum and maximum percentage of calcium

(f) Minimum percentage of phosphorus

(g) Minimum and maximum percentage of salt (if added)

(h) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(i) Minimum and maximum copper in parts per million (ppm) if added, or if total copper exceeds twenty ppm.

(j) Minimum selenium in parts per million

(k) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(I) Required guarantees for duck and geese formula feeds

(1) Animal classes

(a) Ducks

(i) Starter - zero to three weeks of age

(ii) Grower - three to six weeks of age

(iii) Finisher - six weeks to market

(iv) Breeder developer - eight to nineteen weeks of age

(v) Breeder - twenty-two weeks to end of lay

(b) Geese

(i) Starter - zero to four weeks of age

(ii) Grower - four to eight weeks of age

(iii) Finisher - eight weeks to market

(iv) Breeder developer - ten to twenty-two weeks of age

(v) Breeder - twenty-two weeks to end of lay

(2) Guaranteed analysis for duck and geese complete feeds and supplements (for all small animal classes)

(a) Minimum percentage of crude protein

(b) Minimum percentage of crude fat

(c) Maximum percentage of crude fiber

(d) Minimum and maximum percentage of calcium

(e) Minimum percentage of phosphorus

(f) Minimum and maximum percentage of salt (if added)

(g) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(J) Required guarantees for fish complete feeds and supplements

(1) Animal species shall be declared in lieu of animal class

(a) Trout

(b) Catfish

(c) Species other than trout or catfish

(2) Guaranteed analysis for all fish complete feeds and supplements

(a) Minimum percentage of crude protein

(b) Minimum percentage of crude fat

(c) Maximum percentage of crude fiber

(d) Minimum percentage of phosphorus

(K) Required guarantees for rabbit complete feeds and supplements

(1) Animal classes

(a) Grower - four to twelve weeks of age

(b) Breeder - twelve weeks of age and over

(2) Guaranteed analysis for all rabbit complete feeds and supplements (all animal classes)

(a) Minimum percentage of crude protein

(b) Minimum percentage of crude fat

(c) Minimum and maximum percentage of crude fiber. The maximum crude fiber shall not exceed the minimum by more than 5.0 units.

(d) Minimum and maximum percentage of calcium

(e) Minimum percentage of phosphorus

(f) Minimum and maximum percentage of salt (if added)

(g) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(h) Minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added)

(L) The required information for grain mixtures with or without molasses and feeds other than those described in paragraphs (A) to (K) of this rule shall include the following items, unless exempted in paragraph (A)(3) of this rule, in the order listed:

(1) Animal class(es) and species for which the product is intended.

(2) Guaranteed analysis

(a) Minimum percentage of crude protein

(b) Maximum or minimum percentage of equivalent crude protein from non-protein nitrogen as required in rule 901:5-7-06 of the Administrative Code.

(c) Minimum percentage of crude fat

(d) Minimum percentage of crude fiber

(e) Minerals in formula feeds, to include in the following order:

(i) Minimum and maximum percentages of calcium

(ii) Minimum percentage of phosphorus

(iii) Minimum and maximum percentage of salt (if added)

(iv) Minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee

(v) Other minerals

(f) Minerals in feed ingredients - as specified by the official definitions of the official publiction of AAFCO

(g) Vitamins in such terms as specified in paragraph (A)(6) of rule 901:5-7-02 of the Administrative Code

(h) Total sugars as invert in dried molasses products or products being sold primarily for their sugar content

(i) Viable lactic acid producing microorganisms for use in silage stated in colony forming units per gram (CFU/g) when directions are for using the product in grams or 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.

(j) A commercial feed intended to provide a specialized nutritional source for use in the manufacture of other feeds must state its intended purpose and guarantee those nutrients relevant to such stated purpose. Article II of AAFCO's "Criteria for Labeling Nutritional Indicators" is not applicable to the label guarantees for these specialized commercial feeds.

Effective: 09/21/2014
R.C. 119.032 review dates: 07/07/2014 and 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/1995, 3/28/2011

901:5-7-13 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 by way of example, but not limited to, drugs, special purpose additives, and 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.

(B) Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in rule 901:5-7-06 of the Administrative Code.

(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.

(D) Raw milk distributed as commercial feed shall bear the following statement:

"WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA."

This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in the following table:

Panel Size

Minimum Warning Statement Type Size

< 5 sq. in.

1/16 in.

5 - 25 sq. in.

1/8 in.

25 - 100 sq. in.

3/16 in.

100 - 400 sq. in

1/4 in.

400 sq. in. +

1/2 in.

Effective: 09/21/2014
R.C. 119.032 review dates: 07/07/2014 and 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43 , 923.49
Prior Effective Dates: 5/1/1995

901:5-7-14 Adulterants.

(A) For the purpose of section 923.48 of the Revised Code, 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:

(a) 0.20 per cent for breeding and dairy cattle;

(b) 0.30 per cent for slaughter cattle;

(c) 0.30 per cent for sheep;

(d) 0.45 per cent for swine; and

(e) 0.60 per cent 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:

(a) 0.004 per cent for breeding and dairy cattle;

(b) 0.009 per cent for slaughter cattle;

(c) 0.006 per cent for sheep;

(d) 0.01 per cent for lambs;

(e) 0.015 per cent for swine; and

(f) 0.03 per cent 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 amounts of grain, that results in a daily fluorine intake in excess of fifty milligrams of fluorine per one hundred 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 chlorinated solvents; and

(5) 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 than fifty prohibited noxious weed seeds per pound and not more than one hundred secondary noxious weed seeds per pound as defined in Chapter 901:5-27 of the Administrative Code.

(C) Any toxins or mycotoxins may be considered adulterants if they cause harm or are detrimental to animal or human health. For contaminants which may contain such toxins or mycotoxins, federal drug administration (FDA) guidelines and action levels for feeds may be used, at the discretion of the director of agriculture, to allow for the removal of a violative lot of adulterated feed from interstate and intrastate commerce.

(D) In the event that the director of agriculture finds after investigation that the distribution of any animal feeds in Ohio may be contaminated or adulterated with microorganisms so as to cause harm or be detrimental to animal or human health, the director of agriculture is authorized to issue a withdraw from distribution order on that particular lot of animal feed per section 923.42 of the Revised Code.

Effective: 09/21/2014
R.C. 119.032 review dates: 07/07/2014 and 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.48
Prior Effective Dates: 5/1/1995

901:5-7-15 Good manufacturing practices and federal food and drug administration guidelines.

(A) For the purpose of enforcement of section 923.47 of the Revised Code, the director of agriculture adopts the following as current good manufacturing practices:

(1) The regulations prescribing good manufacturing practices for type B and type C medicated feeds as published in sections 225.1 to 225.202 of 21 C.F.R. 225(2007).

(2) The regulations prescribing good manufacturing practices for type A medicated articles as published in sections 226.1 to 226.115 of 21 C.F.R. 226(2007).

(B) The director of agriculture may request guidance and opinions from the federal food and drug administration (FDA) and the center for veterinary medicine on feeds, feed ingredients, and feed formulations to aid in determining the regulatory status of any commercial feed or feed ingredient.

Effective: 09/21/2014
R.C. 119.032 review dates: 07/07/2014 and 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.47
Prior Effective Dates: 5/1/1995

901:5-7-16 Animal waste products as animal feeds.

Any animal waste product, processed or unprocessed, must have a label, tag, or invoice containing the following information:

(A) All information as required under section 923.43 of the Revised Code and rule 901:5-7-13 of the Administrative Code; and

(B) Special labeling or warning as appropriate.

(1) If the product contains drug residues, then the label shall contain the following statement in boldface type:

"Warning: This product contains drug residues. Do not use within fifteen days of slaughter and do not use fifteen days prior to or during the food production period of dairy animals and laying hens."

(2) If the product contains high levels (twenty five PPM or greater) of copper, a maximum guarantee of copper and the following statement is required:

"Warning: contains high levels of copper: Do not feed to sheep."

(3) If the product derives one-third or more of the guaranteed total crude protein from non-protein nitrogen sources, the label shall provide adequate directions for safe use of the product and the precautionary statement:

"Caution: Use only as directed."

Effective: 09/21/2014
R.C. 119.032 review dates: 07/07/2014 and 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.50
Prior Effective Dates: 5/1/1995

901:5-7-17 Label format and labeling of pet food and specialty pet food.

(A) Pet food and specialty pet food shall be labeled with the following information:

(1) Product name and brand name, if any, on the principal display panel as stipulated in rule 901:5-7-18 of the Administrative Code;

(2) A statement specifying the species name of pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

(3) Quantity statement shall be specified by weight (pounds and ounces and metric), liquid measure (quarts, pints, and fluid ounces and metric), or by count on the principal display panel;

(4) Guaranteed analysis as stipulated in rule 901:5-7-19 of the Administrative Code;

(5) Ingredient statement as stipulated in rule 901:5-7-20 of the Administrative Code;

(6) A statement of nutritional adequacy or purpose, if required, under rule 901:5-7-23 of the Administrative Code;

(7) Feeding directions if required under 901:5-7-24 of the Administrative Code; and

(8) Name and address of the manufacturer or distributor as stipulated in rule 901:5-7-25 of the Administrative Code.

(B) When a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information shall appear on the outer container or wrapper.

(C) A vignette, graphic, or pictorial representation on a pet food or specialty pet food label shall not misrepresent the contents of the package.

(D) The use of the word "proven" in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence.

(E) No statement shall appear upon the label or labeling of a pet food or specialty pet food which makes false or misleading comparisons between that product and any other product.

(F) A personal or commercial endorsement is permitted on a pet food or specialty pet food label provided the endorsement is not false or misleading.

(G) A statement on a pet food or specialty pet food label stating "improved," "new," or similar designation shall be substantiated and limited to six months of production.

(H) A statement on a pet food or specialty pet food label stating preference or comparative attribute claims shall be substantiated and limited to one year of production, after which the claim shall be removed or resubstantiated.

(I) . The words "Food," "Supplement," "Treat," or similar designations must appear conspicuously upon the principal display panels of the pet food labels.

(J) Raw milk distributed as commercial feed shall bear the following statement:

"WARNING: NOT FOR HUMAN CONSUMPTION - THIS PRODUCT HAS NOT BEEN PASTEURIZED AND MAY CONTAIN HARMFUL BACTERIA."

This statement shall be displayed in a conspicuous manner and shall not be smaller than the height of the minimum font required by the Federal Fair Packaging and Labeling Act for the quantity statement as shown in the following table:

Panel Size

Minimum Warning Statement Type Size

< 5 sq. in.

1/16 in.

5 - 25 sq. in

1/8 in.

25 - 100 sq. in.

3/16 in.

100 - 400 sq. in.

1/4 in.

> 400 sq in.

1/2 in.

Replaces: 901:5-7-17

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/1995

901:5-7-18 Brand and product names of pet food and specialty pet food.

(A) The words "100%" or "All" or words of similar designation shall not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one ingredient. The following ingredients will not cause pet food or specialty pet foods to be in violation of this rule:

(1) Water sufficient for processing;

(2) Decharacterizing agents; or

(3) Trace amounts of preservatives and/or condiments.

(B) An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food:

(1) When the ingredient(s) constitutes at least ninety-five per cent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage; however, the ingredient(s) shall constitute at least seventy per cent of the total product weight.

(2) When any ingredient(s) constitutes at least twenty-five per cent of the weight of the product, provided that:

(a) Water sufficient for processing may be excluded when calculating the percentage; however, the ingredients(s) shall constitute at least ten per cent of the total product weight;

(b) A descriptor is used with the ingredient name(s); this descriptor shall imply other ingredients are included in the product formula; examples of descriptors include "dinner," "platter," "entree," "formula," and "recipe"; and

(c) The descriptor shall be in the same size, style, and color print as the ingredient name(s).

(3) When a combination of ingredients, which are included in the product name in accordance with paragraph (B)(2)(b) of this rule, meets all of the following:

(a) Each ingredient constitutes at least three per cent of the product weight, excluding water sufficient for processing;

(b) The names of the ingredients appear in the order of their respective predominance by weight in the product; and

(c) All such ingredient names appear on the label in the same size, style, and color print.

(C) When the name of any ingredient appears in the product name of a pet food, specialty pet food, or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredient(s) must each constitute at least three per cent of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they shall appear in their respective order of predominance by weight in the product. The three per cent minimum level shall not apply to claims for nutrients such as, but not limited to, vitamins, minerals, and fatty acids as well as condiments. The word "with," or similar designation and named ingredients shall be in the same size, style, color, and case print and be of no greater size than:

Panel Size

Maximum "with claim" Type Size

< 5 sq. in.

1/8 in.

5 -25 sq. in.

1/4 in.

25 - 100 sq. in

3/8 in.

100 - 400 sq. in.

1/2 in.

> 400 sq. in.

1 in.

(D) A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food when the flavor designation meets all of the following:

(1) ) The flavor designation either:

(a) Conforms to the name of the ingredient as listed in the ingredient statement; or

(b) Is identified by the source of the flavor in the ingredient statement.

(2) The word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation; and

(3) Substantiation of the flavor designation, the flavor claim, or the ingredient source is provided upon request.

(E) The product name of the pet food or specialty pet food shall not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by paragraph (B)(2)(b) or (B)(2)(c) of this rule; 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 sufficient quantity to impart a distinctive characteristic to the product or is present in amounts which have a material bearing upon the price of the product or upon acceptance of the product by the purchaser thereof; or

(2) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

(F) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food or specialty pet food unless it is in compliance with paragraph (B)(2)(b), (B)(2)(c) or (B)(2)(d) of this rule.

(G) When pet food or specialty pet food consists of raw milk, the words "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (Blank is to be completed by using the species of animal from which the raw milk is collected.)

Replaces: 901:5-7-18

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.41
Prior Effective Dates: 5/1/1995

901:5-7-19 Expression of guarantees for pet food and specialty pet food.

(A) The "Guaranteed Analysis" shall be listed in the following order and format unless otherwise specified in this chapter:

(1) A pet food or specialty pet food label shall list the following required guarantees:

(a) Minimum percentage of crude protein;

(b) Minimum percentage of crude fat;

(c) Maximum percentage of crude fat, if required by rule 901:5-7-26 of the Administrative Code;

(d) Maximum percentage of crude fiber;

(e) Maximum percentage of moisture; and

(f) Additional guarantees shall follow moisture.

(2) When ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it shall be guaranteed as a maximum percentage and shall immediately follow moisture.

(3) A dog or cat food label shall list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO dog or cat food nutrient profiles. Guarantees for substances not listed in the AAFCO dog or cat food nutrient profiles or not otherwise provided for in these regulations, shall immediately follow the listing of the recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the AAFCO dog or cat food nutrient profiles." The disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees.

(4) A specialty pet food label shall list other required or voluntary guarantees in the same order and units of the nutrients in an AAFCO recognized nutrient profile for the specific species; however, if no species-specific AAFCO recognized nutrient profile is available, the order and units shall follow the same order and units of nutrients in the AAFCO cat food nutrient profile. Guarantees for substances not listed in an AAFCO recognized nutrient profile for the specific species of animal shall immediately follow the listing of recognized nutrients and shall be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the __________ ." (Blank is to be completed by listing the specific AAFCO recognized nutrient profile.) This disclaimer shall appear immediately after the last such guarantee in the same size type as the guarantees. No such disclaimer shall be required unless an AAFCO recognized nutrient profile is available for the specific species of specialty pet.

(B) The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label is prohibited.

(C) The label of a pet food or a specialty pet food which is formulated as and represented to be a mineral supplement shall include:

(1) Minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO recognized nutrient profile, expressed as the element in units specified in the nutrient profile; or

(2) Minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units specified in the AAFCO cat food nutrient profiles when no species-specific nutrient profile has been recognized by the AAFCO; and

(3) Mineral guarantees required by paragraphs (B)(1) and (B)(2) of rule 901:5-7-19 of the Administrative Code may be expressed in milligrams (mg) per unit consistent with those employed in the quantity statement and directions for use; and

(4) A weight equivalent for liquid products.

(D) The label of a pet food or a specialty pet food which is formulated as and represented to be a vitamin supplement shall include:

(1) Minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO recognized nutrient profile, expressed in units specified in the nutrient profile; or

(2) Minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in the AAFCO cat food nutrient profiles when no species-specific nutrient profile has been recognized by the AAFCO; and provided that

(3) Vitamin guarantees required by paragraphs (D)(1) and (D)(2) of rule 901:5-7-19 of the Administrative Code may be expressed in approved units per unit consistent with those employed in the quantity statement and directions for use; and

(4) A weight equivalent for liquid products.

(E) When the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO recognized nutrient profile the following apply:

(1) The product shall meet the AAFCO recognized nutrient profile;

(2) The statement of comparison shall be preceded by a statement that the product meets the AAFCO recognized profile: however, the statement that the product meets the AAFCO recognized nutrient profile is not required provided that the nutritional adequacy statement as per either paragraph (A)(1) or (B)(2)(a) of rule 901:5-7-24 of the Administrative Code appears elsewhere on the product label;

(3) The statement of comparison of the nutrient content shall constitute a guarantee but need not be repeated in the guaranteed analysis; and

(4) The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

(F) The maximum moisture declared on a pet food or specialty pet food label shall not exceed 78.00 % or the natural moisture content of the ingredients, whichever is higher. However, pet food and specialty pet food such as, but not limited to, those consisting principally of stew, gravy, sauce, broth, aspic, juice, or a milk replacer and which are so labeled, may contain moisture in excess of 78.00 %.

(G) Guarantees for crude protein, crude fat, and crude fiber are not required when the pet food or specialty pet food is intended for purposes other than to furnish these substances or they are of minor significance relative to the primary purpose of the product such as a mineral or vitamin supplement.

(H) 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.

(I) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated /minimum/milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

Replaces: 901:5-7-19

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/1995

901:5-7-20 Ingredients for pet food and specialty pet food.

(A) Each ingredient of a pet food or specialty pet food shall be listed in the ingredient statement as follows:

(1) The names of all ingredients in the ingredient statement shall be shown in letters or type of the same size, style, and color;

(2) The ingredients shall be listed in descending order by their predominance by weight in non-quantitative terms;

(3) Ingredients shall be listed and identified by the name and definition established by the AAFCO; and

(4) Any ingredient for which no name and definition have been so established shall be identified by the common or usual name of the ingredient.

(B) The ingredients "meat" or "meat by-products" shall be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination thereof.

(C) Brand or trade names shall not be used in the ingredient statement.

(D) A reference to the quality, nature, form, or other attribute of an ingredient shall be allowed when the reference meets all of the following:

(1) The designation is not false or misleading;

(2) The ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

(3) A reference to quality or grade of the ingredient does not appear in the ingredient statement.

Replaces: 901:5-7-20

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/1995

901:5-7-21 Drugs and food additives for pet food and specialty pet food.

(A) An artificial color may be used in a pet food or specialty pet food only if it has been shown to be harmless to pets or specialty pets. The permanent or provisional listing of an artificial color in the United States food and drug regulations 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 or specialty pets.

(B) Evidence may be required to prove the safety and efficacy or utility of a pet food or specialty pet food, which contains additives or drugs, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food or specialty pet food may be established:

(1) When the pet food or specialty pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Title 21 of the Code of Federal Regulations or which are "prior sanctioned" or "informal review sanctioned" or "Generally Recognized as Safe" for such use; or

(2) When the pet food or specialty pet food itself is a drug or contains a drug as defined in division (F) of section 923.41 of the Revised Code 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).

(C) When a drug is included in a pet food or specialty pet food:

(1) 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.

(2) Purpose statement is required.

(3) The purpose of the medication (claim statement) is required.

(4) An active ingredient statement listing the active drug ingredients by their established name and the amounts in percentage by weight or in milligrams per pound.

Replaces: 901:5-7-21

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/1995

901:5-7-22 Glucosamine; chondroitin; hyaluronan; methylsulfonylmethane in animal feed.

(A) Labeling products containing glucosamine (hydrochloride, or sulfate) chrondroitin, hyaluronan and methylsulfonylmethane must follow Ohio commercial feed law labeling requirements.

(B) The amount of the ingredient(s) present must be guaranteed by a guaranteed analysis.

(1) Guarantees are to be expressed as a minimum quantity in units consistent with the feeding directions.

(C) The ingredient guarantee(s) must be denoted with an asterisk.

(D) The following qualifying statement must appear immediately after the last guarantee and must be in the same size and type as the guarantee:

(1) For dog and cat feed(s): *Not recognized as an essential nutrient by the AAFCO as a food nutrient.

(2) For equine, specialty pet and other specie feed(s): *Not recognized as an essential dietary nutrient.

(E) For equine, the specific source of the glucosamine or chondroitin ingredient(s) must be listed in the ingredient statement.

(F) All products that contain mammalian protein as defined in the bovine spongiform encephalopathy (BSE) rule that is for a species other than dogs or cats, must include the following statement of caution: "DO NOT FEED TO CATTLE OR OTHER RUMINANTS."

(G) No performance claim will be permitted on the label unless the claim has been approved by the FDA.

R.C. 119.032 review dates: 03/11/2013 and 03/11/2018
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.41 , 923.42 , 923.43 , 923.49
Prior Effective Dates: 07/17/06, 02/19/2008

901:5-7-23 Nutritional adequacy of pet food and specialty pet food.

(A) The label of a pet food or specialty pet food which is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

(1) The product meets the nutrient requirements for all life stages established by an AAFCO recognized nutrient profile;

(2) The product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO recognized animal feeding protocol(s); or

(3) The product is a member of a product family which is nutritionally similar to a lead product, which contains a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by the AAFCO for all life stages, provided that:

(a) The nutritional similarity of the family product can be substantiated according to the procedures for establishing pet food product families developed by the AAFCO;

(b) The family product meets the criteria for all life stages; and

(c) Under circumstances of reasonable doubt, the director may require the manufacturer to perform additional testing of the family product in order to substantiate the claim of nutritional adequacy.

(B) The label of a pet food or specialty pet food which is intended for a limited purpose or a specific life stage, but not for all life stages, may include a qualified claim such as "complete and balanced," "perfect," "scientific," or "100% nutritious" when the product and claim meets all of the following:

(1) The claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable;

(2) The claim and the required qualification shall be juxtaposed on the same label panel and in the same size, style, and color print; and

(3) The product meets at least one of the following:

(a) The nutrient requirements for the limited purpose or specific life stage established by an AAFCO recognized nutrient profile;

(b) The criteria for a limited purpose or a specific life stage as substantiated by completion of the appropriate AAFCO recognized animal feeding protocol(s); or

(c) The requirements of a product family which is nutritionally similar to a lead product which contains a combination of ingredients which, when fed for such limited purpose, will satisfy the nutrient requirements for such limited purpose and has had its capabilities in this regard demonstrated by adequate testing, and provided that:

(i) The nutritional similarity of the family product can be substantiated according to the procedures for establishing pet food product families developed by the AAFCO;

(ii) The family product meets the criteria for such limited purpose; and

(iii) Under circumstances of reasonable doubt, the director may require the manufacturer to perform additional testing for the family product to substantiate the claim of nutritional adequacy.

(C) Dog and cat food labels shall include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a "snack," "treat," or "supplement." The statement shall consist of one of the following:

(1) A claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. The claim shall be stated verbatim as one of the following:

(a) "(Name of product) is formulated to meet the nutritional levels established by the association of AAFCO dog (or cat) food nutrient profiles for ______ ." (Blank is to be completed by using the stage or stages of the pet's life, such as gestation/lactation, growth, maintenance, or the words "All Life Stages");

(b) "Animal feeding tests using AAFCO procedures substantiate that (name of product) provides complete and balanced nutrition for ______ ." (Blank is to be completed by using the stage or stages of the pet's life tested, such as gestation/lactation, growth, maintenance, or the words "All Life Stages"); or

(c) "(Name of product) provides complete and balanced nutrition for ______ (blank is to be completed by using the stage or stages of the pet's life, such as gestation, lactation, growth, maintenance or the words "All Life Stages") and is comparable in nutritional adequacy to a product which has been substantiated using AAFCO feeding tests;"

(2) A nutritional or dietary claim for purposes other than those listed in paragraph (A) or (B) of this rule, if the claim is scientifically substantiated; or

(3) The statement: "this product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of paragraph (A) or (B) of this rule, or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(D) A product intended for use by or under the supervision or direction of a veterinarian shall make a statement in accordance with paragraph (C)(1) or (C)(3) of this rule.

(E) A signed affidavit attesting that the product meets the requirements of paragraph (A) or (B)(2) of this rule shall be submitted to the director upon request.

(F) If the nutrient content of a product does not meet those nutrient requirements established by an AAFCO recognized nutrient profile or if no requirement has been established by an AAFCO recognized nutritional authority for the life stage(s) of the intended species, the claimed nutritional adequacy or purpose of the product shall be scientifically substantiated.

(G) The following AAFCO recognized nutritional authority, nutrient profile, or animal feeding protocol shall be acceptable as the basis for a claim of nutritional adequacy:

(1) As an AAFCO recognized nutrient profile or nutritional authority:

(a) For dogs, the AAFCO dog food nutrient profiles;

(b) For cats, the AAFCO cat food nutrient profiles;

(c) For specialty pets, the nutrient recommendations approved by the committee on animal nutrition of the national research council of the national academy of sciences, provided that this nutrient recommendation is recognized only for the specific specialty pet for which the profile is intended.

(2) As an AAFCO recognized animal feeding protocol(s), the AAFCO dog and cat food feeding protocols.

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43

901:5-7-24 Feeding directions for pet food and specialty pet food.

(A) Dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in paragraph (C)(1) of rule 901:5-7-23 of the Administrative Code, except those pet foods labeled in accordance with paragraph (D) of that rule, shall list feeding directions on the product label. These directions shall be consistent with the intended use(s) indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere. 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 only) of dog (or cat)." The frequency of feeding shall also be specified.

(B) When a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

(C) Specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in paragraph (A) of rule 901:5-7-23 of the Administrative Code, shall list feeding directions on the product label. These feeding directions shall be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO recognized nutritional authority. These directions shall be expressed in common terms and shall appear prominently on the label. The frequency of feeding shall also be specified.

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43

901:5-7-25 Statements of calorie content for pet food and specialty pet food.

(A) The label of a dog or cat food shall bear a statement of calorie content and meet all of the following:

(1) The statement shall be separate and distinct from the "Guaranteed Analysis" and shall appear under the heading "Calorie Content";

(2) The statement shall be measured in terms of metabolizable energy (ME) on an "as fed" basis and must be expressed as "kilocalories per kilogram" ("kcal/kg") of product and may also be expressed as kilocalories per familiar household measure (e.g., cans, cups, pounds) or unit of product (e.g., treats or pieces); and

(3) The calorie content is determined by one of the following methods:

(a) By calculation using the following "modified at water" formula:

ME(kcal/kg) = 10[( 3.5 x CP) + ( 8.5 x CF) + ( 3.5 x NFE)]

where: ME = metabolizable energy; CP = per cent crude protein "as fed"; CF = per cent crude fat "as fed"; NFE = per cent nitrogen-free extract (carbohydrate) "as fed"; and the percentages of CP and CF are the average values these components in the product as determined by sound scientific methods, such as, but not limited to scientifically accurate calculations made from the formula of the product or upon chemical analysis of the product. The NFE is calculated as the difference between one hundred and the sum of CP, CF, and the percentages of crude fiber, moisture, and ash (determined in the same manner as CP and CF); or

(b) In accordance with a testing procedure established by the AAFCO.

(4) An affidavit shall be provided upon request to the department substantiating that the calorie content was determined by:

(a) Paragraph (A)(3)(a) of this rule, in which case the results of all the analyses used in the calculation shall accompany the affidavit; or

(b) Paragraph (A)(3)(b) of this rule, in which case the summary data used in the determination of calorie content shall accompany the affidavit.

(5) The calorie content statement shall appear as one of the following:

(a) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "calculated" when the calorie content is determined in accordance with paragraph (A)(3)(a) of this rule; or

(b) The heading "Calorie Content" on the label or other labeling shall be followed parenthetically by the word "fed" when the calorie content is determined in accordance with paragraph (A)(3)(a) of this rule.

(B) Comparative claims shall not be false, misleading, or given undue emphasis and shall be based on the same methodology for the products compared.

Effective: 09/21/2014
R.C. 119.032 review dates: 09/21/2019
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43