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.

Effective: 07/25/2013
R.C. 119.032 review dates: 05/10/2013 and 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

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 regulation. The required guarantees 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;

(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;

(i) Exemptions.

(i) A mineral guarantee is not required when the feed or feed ingredient is not intended, or represented, or does not serve as a principal source of that mineral to the animal.

(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.

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

(3) Required guarantees for swine formula feeds.

(a) Animal classes

(i) Pre-starter - two to eleven pounds

(ii) Starter - eleven to forty-four pounds

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

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

(v) Gilts, sows and adult boars

(vi) Lactating gilts and sows

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of lysine

(iii) Minimum percentage of crude fat

(iv) Maximum percentage of crude fiber

(v) Minimum and maximum percentage of calcium

(vi) Minimum percentage of phosphorus

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

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

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

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

(a) Animal classes

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv) Turkeys

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

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

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

(d) 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.

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of lysine

(iii) Minimum percentage of methionine

(iv) Minimum percentage of crude fat

(v) Maximum percentage of crude fiber

(vi) Minimum and maximum percentage of calcium

(vii) Minimum percentage of phosphorus

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

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

(5) Required guarantees for beef cattle formula feeds

(a) Animal classes

(i) Birth to weaning

(ii) Animals on pasture

(iii) Feedlot animals

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

(i) Minimum percentage of crude protein

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

(iii) Minimum percentage of crude fat

(iv) Maximum percentage of crude fiber

(v) Minimum and maximum percentage of calcium

(vi) Minimum percentage of phosphorus

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

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

(ix) Minimum percentage of potassium

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

(c) Guarantee analysis for beef mineral feeds (if added)

(i) Minimum and maximum percentage of calcium

(ii) Minimum percentage of magnesium

(iii) Minimum percentage of phosphorus

(iv) Minimum and maximum percentage of salt

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

(vi) Minimum percentage of potassium

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

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

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

(6) Required guarantees for dairy formula feeds

(a) Animal classes

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

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

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

(iv) Growing heifers, bulls and dairy beef

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

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

(v) Lactating dairy cattle

(vi) Non-lactating dairy cattle

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of crude fat

(iii) Maximum percentage of crude fiber

(iv) Minimum and maximum percentage of calcium

(v) Minimum percentage of phosphorus

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

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

(i) Minimum percentage of crude protein

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

(iii) Minimum percentage of crude fat

(iv) Maximum percentage of crude fiber

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

(vi) Minimum and maximum percentage of calcium

(vii) Minimum percentage of phosphorus

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

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

(i) Minimum and maximum percentage of calcium

(ii) Minimum percentage of phosphorus

(iii) Minimum and maximum percentage of salt

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

(v) Minimum percentage of magnesium

(vi) Minimum percentage of potassium

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

(7) Required guarantees for equine formula feeds

(a) Animal classes

(i) Foal

(ii) Mare

(iii) Breeding

(iv) Maintenance

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of crude fat

(iii) Maximum percentage of crude fiber

(iv) Minimum and maximum percentage of calcium

(v) Minimum percentage of phosphorus

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

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

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

(8) Required guarantees for goat and sheep formula feeds

(a) Animal classes

(i) Starter

(ii) Grower

(iii) Finisher

(iv) Breeder

(v) Lactating

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

(i) Minimum percentage of crude protein

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

(iii) Minimum percentage of crude fat

(iv) Maximum percentage of crude fiber

(v) Minimum and maximum percentage of calcium

(vi) Minimum percentage of phosphorus

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

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

(ix) Minimum and maximum copper in parts per million (PPM) (if added), or if total copper exceeds twenty PPM)

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

(9) Required guarantees for duck and geese formula feeds

(a) Animal classes

(i) Ducks

(a) Starter - zero to three weeks of age

(b) Grower - three to six weeks of age

(c) Finisher - six weeks to market

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

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

(ii) Geese

(a) Starter - zero to four weeks of age

(b) Grower - four to eight weeks of age

(c) Finisher - eight weeks to market

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

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

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of crude fat

(iii) Maximum percentage of crude fiber

(iv) Minimum and maximum percentage of calcium

(v) Minimum percentage of phosphorus

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

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

(10) Required guarantees for fish complete feeds and supplements

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

(i) Trout

(ii) Catfish

(iii) Species other than trout or catfish

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of crude fat

(iii) Maximum percentage of crude fiber

(iv) Minimum percentage of phosphorus

(11) Required guarantees for rabbit complete feeds and supplements

(a) Animal species

(i) Grower - four to twelve weeks of age

(ii) Breeder - twelve weeks of age and over

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

(i) Minimum percentage of crude protein

(ii) Minimum percentage of crude fat

(iii) Minimum and maximum percentage of crude fiber

(iv) Minimum and maximum percentage of calcium

(v) Minimum percentage of phosphorus

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

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

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

Effective: 03/28/2011
R.C. 119.032 review dates: 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.50
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/95

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.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.43 , 923.49
Prior Effective Dates: 5/1/95

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 0.20 per cent for breeding and dairy cattle; 0.30 per cent for slaughter cattle; 0.30 per cent for sheep; 0.35 per cent for lambs; 0.45 per cent for swine; and 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: 0.004 per cent for breeding and dairy cattle; 0.009 per cent for slaughter cattle; 0.006 per cent for sheep; 0.01 per cent for lambs; 0.015 per cent for swine and 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 miligrams 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;

(5) Sulfur dioxide, sulturous 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 Bl (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.

(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, fda guidelines and action levels for feeds may be used, at the descretion 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.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.48
Prior Effective Dates: 5/1/95

901:5-7-15 Good manufacturing practices and fda 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.

(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.

(B) The director of agriculture may request guidance and opinions from the federal food and drug administration 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.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.47
Prior Effective Dates: 5/1/95

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

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

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

(2) Special labeling or warning as appropriate.

(a) 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."

(b) 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."

(c) 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."

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.50
Prior Effective Dates: 5/1/95

901:5-7-17 Label format and labeling for pet foods.

(A) The statement of net content and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary conditions of purchase and sale.

(B) The declaration of the net content shall be made in conformity with the United States Fair Packaging and Labeling Act and the regulations promulgated thereunder.

(C) The information which is required to appear in the "guaranteed analysis" shall be listed in the following order:

(1) Crude protein (minimum amount);

(2) Crude fat (minimum amount;)

(3) Crude fiber (maximum amount);

(4) Moisture (maximum amount);

(5) Additional guarantees shall follow moisture.

(D) The label of a pet food shall specify the name and address of the manufacturer, packer, or distributor of the pet food. The statement of the place of business should include the street address, if any, of such place unless such street address is shown in a current city directory or telephone directory.

(E) If a person manufactures, packages, or distributes a pet food in a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.

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

(G) The use of the word "proven" in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as "proven" is available.

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

(I) Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.

(J) When a pet food is enclosed in any outer container or wrapper which is intended for retail sale, all required label information must appear on such outside container or wrapper.

(K) The words "dog food", "cat food", or similar designations must appear conspicuously upon the principal display panels of the pet food labels.

(L) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats unless such product or feeding:

(1) Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of a dog or cat, as the case may be, which have been established by a recognized authority on animal nutrition, such as the committee on animal nutrition of the national research council of the national academy of sciences or,

(2) Contains a combination of ingredients which when fed to a normal animal as the only source of nourishment will provide satisfactorily for fertility of females, gestation and lactation, normal growth from weaning to maturity without supplemental feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had its capabilities in this regard demonstrated by adequate testing.

(M) Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs or cats only:

(1) In conjunction with a statement of a limited purpose for which the product is intended or suitable (as, for example, in the statement a complete food for puppies). Such representations and such required qualification therefore shall be juxtaposed on the same panel and in the same size, style and color print; and

(2) Such qualified representations may appear on pet food labels only if:

(a) The pet food contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition, such as the committee on animal nutrition of the national research council of the national academy of sciences for such limited or qualified purpose; or

(b) The pet food product 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.

(N) Except as specified by paragraph (A) of rule 901:5-7-18 of the Administrative Code, the name of any ingredient which appears on the label other than in the product name shall not be given undue emphasis so as to create the impression that such an ingredient is present in the product in a larger amount than is the fact, shall constitute at least three per cent of the total ingredients(exclusive of water sufficient for processing) when preceded by the designation "with" or like term, shall be in the same size, style and color print and if the names of more than one such ingredient are shown, they shall appear in the order of their respective predominance by weight in the product.

(O) The label of a dog or cat food (other than one prominently identified as a snack or treat as part of the designation required upon the principal display panel under paragraph (K) of this rule) shall bear, on either the principal display panel or the information panel (as those terms are defined in 21 C.F.R. sections 501.1 and 21 C.F.R. sections 501.2 respectively), in type of a size reasonably related to the largest type on the panel, a statement of the nutritional adequacy or purpose of the product. Such statement shall consist of one of the following:

(1) A claim that the pet food meets or exceeds the requirements of one or more of the recognized categories of nutritional adequacy: gestation, lactation, growth, maintenance, and complete for all life stages, as those categories are set forth in paragraphs (L) and (M) of this rule.

(2) A nutrition or dietary claim for purposes other than those listed in paragraphs (L) and (M) of this rule if the claim is scientifically substantiated.

(3) The statement: "Use only as directed by your veterinarian", if it is a dietary animal food product intended for use by, or under the supervision or direction of a veterinarian.

(4) The statement: "This product is intended for intermittent or supplemental feeding only," if a product does not meet either the requirements of paragraphs (L) and (M) of this rule or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

(P) The use of claims on pet food labels stating improvement or newness shall be sufficiently substantiated by the manufacturer and limited to six months production. The use of claims stating preference or comparative attribute claims shall be sufficiently substantiated by the manufacturer and limited to one year production after which the claim must be removed or resubstantiated.

(Q) Dog and cat foods as complete and balanced for any or all life's stages as provided in paragraph (O)(1) of this rule except those pet foods labeled in accordance with paragraph (O)(4) of this rule shall list feeding directions of the product label. These directions shall be expressed in common terms and shall appear prominently on the label. Feeding directions shall, at a minimum state "feed (weight/unit of product) per (weight unit) of dog (or cat)".

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/95

901:5-7-18 Brand and product names for pet foods.

(A) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. The word flavor shall be printed in the same size type and with an equal degree of conspicuousness as the ingredient term from which the flavor designation is derived. Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them shall, upon request, supply verification of the designated or claimed flavor to the appropriate control official.

(B) The designation "100%" or "all" or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient. However, for the purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

(C) The term "meat" and "meat by-products" shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats. For example, "horsemeat" and "horsemeat by-products."

(D) The name of the pet food shall not be derived from one or more ingredients of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by paragraph (A) 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; or

(3) It is not otherwise false or misleading.

(E) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes ninety-five per cent or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient may form a part of the product name of the pet food; provided that where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient. However, such named ingredient shall constitute at least seventy per cent of the total product.

(F) When an ingredient or a combination of ingredients constitutes at least twenty-five per cent but less than ninety-five per cent of the total weight of all ingredients of a cat or dog food mixture, the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if each of the ingredients constitute at least three per cent of the product weight excluding water used for processing and only if the product name also includes a primary descriptive term such as "dinner", "platter", or similar designation so that the product name describes the contents of the product in accordance with an established law, custom or usage or so that the product name is not misleading. If the names of more than one such ingredient are shown, they shall appear in order of their respective predominance by weight in the product. All such ingredient names and the primary descriptive term shall be in the same size, style and color print. For the purpose of this provision, water sufficient for processing shall be excluded when calculating the percentage of the named ingredient. However, such named ingredient shall constitute at least ten per cent of the total product.

(G) Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with paragraph (A), (D), (E), or (F) of this rule.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.41
Prior Effective Dates: 5/1/95

901:5-7-19 Expression of guarantees for pet foods.

(A) The sliding scale method of expressing a guaranteed analysis (for example, "protein 15-18%") is prohibited.

(B) Pursuant to paragraph (A)(4) of section 923.43 of the Revised Code, the label of a pet food which is formulated as and represented to be a mineral additive supplement, shall include in the guaranteed analysis the maximum and minimum percentages of calcium, the minimum percentage of phosphorus and the maximum and minimum percentages of salt. The minimum content of all other essential nutrient elements recognized by AAFCO dog or cat food profile from sources declared in the ingredient statement shall be expressed as the element in units specified in the recognized nutrient profile.

(C) Pursuant to paragraph (A)(4) of section 923.43 of the Revised Code, the label of pet food which is formulated as and represented to be a vitamin supplement, shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement.

(D) Vitamins guaranteed on pet foods shall be stated in international units per kilogram (IU/kg) for vitamins A, D, and E. All other vitamins shall be stated in milligrams per kilogram (mg/kg) except vitamin B12 which may be guaranteed in micrograms per kilogram (mcg/kg).

(E) The vitamin potency of pet food products distributed in containers smaller than one pound may be guaranteed in international units (IU) per kilogram of weight for vitamins A, D, and E. All other vitamins may be guaranteed in milligrams per kilogram of weight (mg/kg) except vitamin B12 which may be guaranteed in micrograms per kilogram (mcg/kg).

(E) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by a recognized animal nutrition authority, such comparison may be stated in the units of measurement used by the recognized authority on animal nutrition such as the national research council. The statement in a table of comparison of the vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.

(G) The use of percentages or words of similar import when referring to nutrient levels established by the AAFCO dog or cat food nutrient profile or other recognized nutrient profile shall not be permitted on pet food labels, except that such direct comparisons in whole or part of the individual nutrient contents of a pet food with those recommended by the recognized nutrient profile may be made where the comparisons are expressed in the same quantitative units as those used by the cited nutrient profile and,

(1) The product in question meets the nutrient profile recommended by the authority and,

(2) The comparison is preceded by a statement to that effect.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/95

901:5-7-20 Ingredients for pet foods.

(A) The maximum moisture in all pet foods shall be guaranteed and shall not exceed seventy-eight per cent or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, juice or a milk replacer which are so labeled, may contain moisture in excess of seventy-eight per cent.

(B) Each ingredient of the pet food shall be listed in the ingredient statement, and names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in non-quantitative terms may be misleading. Any ingredient for which the association of American feed control officials has established a name and definition shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.

(C) The term "dehydrated" may precede the name of any ingredient in the ingredient list that has been artificially dried.

(D) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.

(E) A reference to the quality, nature, form, or other attribute of an ingredient shall not be made unless such designation is accurate and unless the ingredient imparts a distinctive characteristic to the pet food because it possesses that attribute.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/95

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

(A) An artificial color may be used in a pet food only if it has been shown to be harmless to pets. The permanent or provisional listing of an artificial color in the United States food and drug regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets.

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

(1) When the pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in title 21 C.F.R., or which are "prior sanctioned" or "generally recognized as safe" for such use; or

(2) When the pet food itself is a drug as defined in division (G) of section 923.41 of the Revised Code and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the food and drug administration under section 21 U.S.C. 360(b) .

(C) The medicated labeling format recommended by association of American feed control officials shall be used to assure that adequate labeling is provided.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2014
Promulgated Under: 119.03
Statutory Authority: 923.5 0
Rule Amplifies: 923.43
Prior Effective Dates: 5/1/95

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