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DEPARTMENT OF AGRICULTURE









 

DIVISION 58
FEEDS

 
603-058-0110
Definitions
In addition to
the definitions set forth in ORS 633.006, and unless the context requires otherwise,
the following shall apply to ORS 633.015 to 633.089 and OAR 603-058-0110 to 603-058-0290:
(1) "Medicated
Feed" means a commercial feed in combination with a drug, as defined in subsection
(10) of ORS 633.006.
(2) "Director"
means the Director of the Oregon Department of Agriculture.
(3) "Consultant-Formulated"
feed means commercial feed manufactured for a final purchaser based upon formula
and/or specifications developed for the feed purchaser by an independent consultant
or feed manufacturer.
(4) "Independent
consultant" means any person who provides animal nutritional formulation to a feed
purchaser as a service rather than the sale of feed.
(5) Principal
Display Panel means the out-facing side of the feed tag, or if no tag, the part
of the label that is most likely to be displayed, presented, shown or examined under
normal or customary conditions of sale.
(6) "Lot
identifier" means a unique identifier for each lot, batch or production run that
enables the manufacturer to accurately trace the complete manufacturing and distribution
history of the product. A lot identifier is an individual lot, batch or production
run number, code, date, or other suitable identification applied to the label, container,
or package. In the case of bulk feed the lot identifier is on a label, invoice,
or shipping document accompanying the feed.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0120
Label
Format for Commercial Feeds
(1) Commercial
feed, other than custom mixed feed, shall bear the information prescribed in this
regulation on the label of the product and in the following format:
(a) Product
name and brand name, if any, as stipulated in OAR 603-058-0130(1);
(b) If
a drug is used, label as stipulated in OAR 603-058-0130(2);
(c) Purpose
statement as stipulated in OAR 603-058-0130(3);
(d) Guaranteed
analysis as stipulated in OAR 603-058-0130(4);
(e) Feed
ingredients as stipulated in OAR 603-058-0130(5);
(f) Directions
for use and precautionary statements as stipulated in OAR 603-058-0130(6);
(g) Name
and principal mailing address and phone number of manufacturer or persons responsible
for distributing the feed as stipulated in OAR 603-058-0130(7);
(h) Quantity
statement as stipulated in OAR 603-058-0130(8);
(i) Lot
Number as stipulated in OAR 603-058-0130(9).
(2) Principal
Display Panel:
(a) The
information as required in OAR 603-058-0120(1)(a), (b), (c) and (h) must appear
in its entirety on the principal display panel;
(b) The
information as required in OAR 603-058-0120(1)(d), (e), (f), (g) and (i) shall be
displayed in a prominent place on the feed tag or label, but not necessarily on
the principal display panel;
(c) None
of the information required by OAR 603-058-0120 shall be subordinated or obscured
by other statements of designs.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0125
Label
Format for Custom Feeds
Custom mixed
feed shall be accompanied with the information prescribed in this regulation using
labels, invoice, delivery ticket, or other shipping document bearing the following
information:
(1) The
name and address of the manufacturer;
(2) The
name and address of the purchaser;
(3) The
date of sale or delivery;
(4) The
custom mixed feed name and brand name if any;
(5) If
intended for Dairy or swine it shall also bear the guaranteed analysis as stipulated
in OAR 603-058-0130(4);
(6) The
product name and net quantity of each registered commercial feed and each other
ingredient used in the mixture;
(7) The
directions for use and precautionary statements as required by OAR 603-058-0130(6);
(8) If
a drug containing product is used:
(a) The
Purpose of the medication (claim Statement);
(b) The
established name of each active drug ingredient and the level of each drug used
in the final mixture expressed in accordance with OAR 603-058-0130(2). The statement:
“This feed is formulated for (insert name of final consumer). No resale to
other users is allowed.”
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11; DOA 16-2011, f. & cert. ef. 9-19-11
603-058-0130
Label
Information
In addition to
the requirements set forth in ORS 633.026, commercial feeds, other than custom mixed
feed shall be labeled with the information prescribed in this regulation.
(1) Product
name and brand name if any:
(a) The
brand or product name must be appropriate for the intended use of the feed and must
not be misleading. If the name indicates the feed is made for a specific use, the
character of the feed must conform therewith. A commercial feed for a particular
animal class, must be suitable for that purpose;
(b) Commercial,
registered brand or trade names are not permitted in guarantees or ingredient listings
and only in the product name of feeds produced by or for the firm holding the rights
to such name;
(c) The
name of a commercial feed shall not be derived from one or more ingredients of a
mixture to the exclusion of other ingredients and shall not be one representing
any components of a mixture unless all components are included in the name: Provided,
that if any ingredient or combination of ingredients is intended to impart a distinctive
characteristic to the product which is of significance to the purchaser, the name of that ingredient
or combination of ingredients is quantitatively guaranteed in the guaranteed analysis,
and the brand or product name is not otherwise false or misleading;
(d) The word “protein”
shall not be permitted in the product name of a feed that contains added non-protein
nitrogen;
(e) When
the name carries a percentage value, it shall be understood to signify protein and
/or equivalent protein content only, even though it may not explicitly modify the
percentage with the word “protein”. Provided other percentage values
may be permitted if they are followed by the proper description and conform to good
labeling practice. Digital numbers shall not be used in such a manner as to be misleading
or confusing to the customer. E.G.: “Dairy 16%” containing only 14%
Crude Protein is misleading;
(f) Single
ingredient feeds shall have a product name in accordance with the designated definition
of feed ingredients as recognized by the Association of American Feed Control Officials
unless the Department designates otherwise;
(g) The
word “vitamin”, or a contraction thereof, or any word suggesting vitamin
can be used only in the name of a feed which is represented to be a vitamin supplement,
and which is labeled with the minimum content of each vitamin declared, as specified
in OAR 603-058-0130(4);
(h) The
term “mineralized” salt shall not be used in the name of a feed except
for “Trace Mineralized Salt”. When so used, the product must contain
significant amounts of trace minerals, which are recognized as essential for animal
nutrition;
(i) The
term “meat” and “meat by-products” shall be qualified to
designate the animal from which the meat and meat by-products is derived unless
the meat and meat-byproducts are made from cattle, swine, sheep and goats.
(2) If
a drug is used:
(a) The
word “medicated” shall appear directly following and below the product
name in a type size, no smaller than one-half the type size of the product name;
(b) Purpose
statement as required in OAR 603-058-0130(3);
(c) The
purpose of medication (claim statement);
(d) An
Active ingredient statement listing the active drug ingredients by their established
name and the amounts in accordance with OAR 603-058-0130(5).
(3) Purpose
Statement:
(a) The
statement of purpose shall contain the specific species and animal class(s) for
which the feed is intended as defined in OAR 603-058-0130(4);
(b) The
manufacturer shall have flexibility in describing in more specific and common language
the defined animal class, species and purpose while being consistent with the category
of animal class defined in OAR 603-058-0130(4) which may include, but is not limited
to weight range(s), sex, or ages of the animal(s) for which the feed is manufactured;
(c) The
purpose statement may be excluded from the label if the product name includes a
description of the species and animal class(s) for which the product is intended;
(d) The
purpose statement of a premix for the manufacture of feed may exclude the animal
class and species and state "For Further Manufacture of Feed" if the nutrients contained
in the premix are guaranteed and sufficient for formulation into various animal
species feeds and premix specifications are provided by the end user;
(e) The
purpose statement of a single purpose ingredient blend, such as a blend of animal
protein products, milk products, fat products, roughage products or molasses products
may exclude the animal class and species and state "For Further Manufacture of Feed"
if the label guarantees of the nutrients contained in the single purpose nutrient
blend are sufficient to provide for formulation into various animal species feeds.
(4) Guarantees
of nutrients: Crude Protein, Equivalent Crude Protein from Non Protein Nitrogen,
Lysine, Methionine, Crude Fat, Crude Fiber, Acid Detergent Fiber, Neutral Detergent
Fiber, Dietary Starch, Sugars, Fructans, Calcium, Phosphorus, Salt, Sodium, Magnesium,
Potassium, Copper, Selenium, Zinc and Vitamin A shall be the sequence of nutritional
guarantees when such guarantee is stated. Other required and voluntary guarantees
should follow Vitamin A in a general format such that the units of measure used
to express guarantees (percentage, parts per million, International Units, etc.)
are listed in a sequence that provides a consistent grouping of the units of measure.
(a) Required
guarantees for swine formula feeds:
(A) Animal
Classes:
(i) Pre-Starter
— 2 to 11 pounds;
(ii) Starter
— 11 to 44 pounds;
(iii)
Grower — 44 to 110 pounds;
(iv) Finisher
— 110 to 242 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 terms of percentage;
(ix) Minimum
Selenium in parts per million (ppm);
(x) Minimum
Zinc in parts per million (ppm).
(b) Required
guarantees for Formula Poultry Feeds (Broilers, Layers and Turkeys):
(A) Animal
Classes:
(i) Layer
— Chickens that are grown to Produce eggs for food, e.g., table eggs:
(I) Starting/Growing
— From day of hatch to approximately 10 weeks of age;
(II) Finisher
— From approximately 10 weeks of age to time first egg is produced. (Approximately
20 weeks of age at time of egg production);
(III)
Laying — From time of 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.
(ii) Broilers
— Chickens that are grown for human food:
(I) Starting/Growing
— From day of hatch to approximately 5 weeks of age;
(II) Finisher
— From approximately 5 weeks of age to market, (42 to 52 days);
(III)
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):
(I) Starting/Growing
— From day of hatch until approximately 10 weeks of age;
(II) Finishing
— From approximately 10 weeks of age to time first egg is produced, approximately
20 weeks of age;
(III)
Laying — Fertile egg producing chickens (broilers/ roasters) from day of first
egg throughout the time fertile eggs are produced.
(iv) Turkeys:
(I) Starting/Growing
— Turkeys that are grown for human food from day of hatch to approximately
13 weeks of age (females) and 16 weeks of age (males);
(II) Finisher
— Turkeys that are grown for human food, females from approximately 13 weeks
of age to approximately 17 weeks of age; males from 16 weeks of age to 20 weeks
of age, (or desired market weight);
(III)
Laying — Female turkeys that are producing eggs; from time first 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 30 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.
(c) Required
Guarantees for Beef Cattle Formula Feeds:
(A) Animal
Classes:
(i) Calves
(birth to weaning);
(ii) Cattle
on Pasture (may be specific as to production stage; e.g. stocker, feeder, replacement
heifers, brood cows, bulls, etc.);
(iii)
Feedlot Cattle.
(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 (if added);
(vi) Minimum
percentage of Phosphorus (if added);
(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 than furnished by the maximum salt guarantee;
(ix) Minimum
percentage of Potassium (if added);
(x) Minimum
Vitamin A, other than precursors of Vitamin A, in International Units per pound
(if added).
(C) Guaranteed
analysis for Beef Mineral Feeds (if added):
(i) Minimum
and maximum percentage 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 Copper in parts per million (ppm);
(viii)
Minimum Selenium in parts per million (ppm);
(ix) Minimum
Zinc in parts per million (ppm);
(x) Minimum
Vitamin A, other than precursors of Vitamin A, international Units per pound.
(d) 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 Replacer to be fed for herd replacement calves;
(iii)
Starter — Approximately 3 days to 3 months;
(iv) Growing
Heifers, Bulls and Dairy Beef:
(I) Grower
1 — 3 months to 12 months of age;
(II) Grower
2 — More than 12 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 Crude Protein;
(ii) Minimum
percentage Crude Fat;
(iii)
Maximum percentage of Crude Fiber;
(iv) Minimum
and maximum percentage 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 Equivalent Crude Protein from 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 (if added);
(vii)
Minimum percentage of Phosphorus (if added);
(viii)
Minimum Selenium in parts per million (ppm) (if added);
(ix) 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 (if added):
(i) Minimum
and maximum percentage of Calcium;
(ii) Minimum
percentage of Phosphorus;
(iii)
Minimum percentage of Magnesium;
(iv) Minimum
percentage of Potassium;
(v) Minimum
Selenium in parts per million (ppm);
(vi) Minimum
Vitamin A, other than the precursors of Vitamin A, in International Units per pound.
(e) 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 (if added);
(v) Minimum
percentage of Phosphorus (if added);
(vi) Minimum
Copper in parts per million (ppm) (if added);
(vii)
Minimum Selenium in parts per million (ppm) (if added);
(viii)
Minimum Zinc in parts per million (ppm) (if added);
(ix) Minimum
Vitamin A, other than the precursors of A, in International Units per pound (if
added).
(C) Guaranteed
Analysis for Equine Mineral Feeds (all animal classes):
(i) Minimum
and maximum percentage of Calcium;
(ii) Minimum
percentage of Phosphorus;
(iii)
Minimum and maximum percentage of Salt (if added);
(iv) Minimum
and maximum percentage of Sodium shall be guaranteed only when the total sodium
exceeds that furnished by the maximum salt guarantee;
(v) Minimum
Copper in parts per million (ppm) (if added);
(vi) Minimum
Selenium in parts per million (ppm) (if added);
(vii)
Minimum Zinc in parts per million (ppm) (if added);
(viii)
Minimum Vitamin A, other than precursors of Vitamin A, in International Units per
pound (if added).
(f) Required
Guarantees for Sheep Formula Feeds:
(A) Animal
Classes:
(i) Starter;
(ii) Grower;
(iii)
Finisher;
(iv) Breeder;
(v) Lactating.
(B) Guaranteed
Analysis for 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 20 ppm);
(x) Minimum
Selenium in parts per million (ppm) (if added);
(xi) Minimum
Vitamin A, other than precursors of Vitamin A, in International Units per pound
(if added).
(g) Required
Guarantees for Goat Formula Feeds:
(A) Animal
Classes:
(i) Starter;
(ii) Grower;
(iii)
Finisher;
(iv) Breeder;
(v) Lactating.
(B) Guaranteed
Analysis for Goat 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) Maximum
percentage of Acid Detergent Fiber (ADF)
(vi) Minimum
and maximum percentage of Calcium (if added);
(vii)
Minimum percentage of Phosphorus (if added);
(viii)
Minimum and maximum percentage of sodium (if added);
(ix) Minimum
and maximum Copper in parts per million (ppm) (if added). An additional statement
of “no copper source added” is allowed if accurate.
(x) Minimum
Selenium in parts per million (ppm) (if added);
(xi) Minimum
Vitamin A, other than precursors of Vitamin A, in International Units per pound
(if added).
(h) Required
Guarantees for Duck and Geese Formula Feeds:
(A) Animal
Classes:
(i) Ducks:
(I) Starter
— 0 to 3 weeks of age;
II) Grower
— 3 to 6 weeks of age;
(III)
Finisher — 6 weeks to market;
(IV) Breeder
Developer — 8 to 19 weeks of age;
(V) Breeder
— 22 weeks to end of lay.
(ii) Geese:
(I) Starter
— 0 to 4 weeks of age;
(II) Grower
— 4 to 8 weeks of age;
(III)
Finisher — 8 weeks to market;
(IV) Breeder
Developer — 10 to 22 weeks of age;
(V) Breeder
— 22 weeks to end of lay.
(B) Guaranteed
Analysis for Duck and Geese Complete Feeds and Supplements (for 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 (if added);
(v) Minimum
percentage of Phosphorus (if added);
(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.
(i) Required
Guarantees for Fish Complete Feeds and Supplement.
(A) Animal
Species shall be declared in lieu of animal class:
(i) Trout;
(ii) Catfish;
(iii)
Fish 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.
(j) Required
Guarantees for Rabbit Complete Feeds and Supplements.
(A) Animal
Classes:
(i) Grower
— 4 to 12 weeks of age;
(ii) Breeder
— 12 weeks of age and over.
(B) Guaranteed
analysis for 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 (the maximum crude fiber shall not
exceed the minimum by more than 5.0 units);
(iv) Minimum
and maximum percentage of Calcium (if added);
(v) Minimum
percentage of Phosphorus (if added);
(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).
(k) The
required guarantees of grain mixtures with or without molasses and feeds other than
those described in regulation OAR 603-058-0130(4)(a) through (j) shall include the
following items, unless exempted in section (l), in the order listed:
(A) Animal
class(s) and species for which the product is intended.
(B) Guaranteed
analysis:
(i) Minimum
percentage Crude Protein;
(ii) Maximum
or minimum percentage of equivalent Crude Protein from Non-Protein Nitrogen as required
in OAR 603-058-0180;
(iii)
Minimum percentage of Crude Fat;
(iv) Maximum
percentage of Crude Fiber;
(v) Minerals
in formula feeds, to include in the following order:
(I) Minimum
and maximum percentages of Calcium (if added);
(II) Minimum
percentage of Phosphorus (if added);
(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.
(vi) Minerals
in feed ingredients — as specified by the official definitions of the 2011
edition of the Official Publication of the Association of American Feed Control
Officials;
(vii)
Vitamins in such terms as specified in OAR 603-058-0140;
(viii)
Total sugars as invert on dried molasses products or products being sold primarily
for their sugar content;
(ix) Viable
lactic acid producing microorganisms for use in silages in terms specified in OAR
603-058-0140;
(x) A
commercial feed (e.g. vitamin/mineral premix, base mix, etc.) 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.
(l) Exemptions.
Some feeds covered in section (k) have nutrient levels that are so low the guarantees
required under ORS 633.026 (b) would be irrelevant.
(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 6.5% total mineral.
(B) Guarantees
for vitamins are not required when the commercial feed is neither formulated for
nor represented in any manner as a vitamin source.
(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, or 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 product,
and no specific label claims are made.
(E) The indication for animal
class(s) and species is not required on single ingredient feeds if the ingredient
is not intended, represented, or defined for a specific animal class(s) or species.
It should be replaced with “For Further Manufacture of Feed.”
(5) Feed
ingredients, collective terms for the grouping of feed ingredients, or appropriate
statements as provided under the provisions of ORS 633.026(1)(c):
(a) The
name of each ingredient as defined in the 2011 edition of the Official Publication
of the Association of American Feed Control Officials, common or usual name, or
one approved by the Department;
(b) Collective
terms for the grouping of feed ingredients as defined in the Official Definitions
of Feed Ingredients published in the 2011 edition of the Official Publication of
the Association of American Feed Control Officials in lieu of the individual ingredients;
Provided that:
(A) When
a collective term for a group of ingredients is used on the label individual ingredients
within that group shall not be listed on the label;
(B) The
manufacturer shall provide the feed control official, upon request, with a list
of individual ingredients, within a defined group, that are or have been used at
manufacturing facilities distributing in or into the state.
(c) The
registrant may affix the statement, "Ingredients as registered with the State" in
lieu of an ingredient list on the label as permitted in ORS 633.026(1)(c). The list
of ingredients must be on file with the department. This list shall be made available
to the feed purchaser upon request.
(6) Directions
for use and precautionary statements or reference to their location if the detailed
feeding directions and precautionary statements required by OAR 603-058-0170 and
603-058-0180 appear elsewhere on the label.
(7) Name
and principal mailing address and phone number of the manufacturer or person responsible
for distributing the feed as required by ORS 633.026(1)(f). The principal mailing
address shall include the street address, city, state, and zip code. However, the
street address may be omitted if it is shown in the current city directory or telephone
directory.
(8) Quantity
Statement:
(a) Net
quantity shall be declared in terms of weight, liquid measure or count, based on
applicable requirements under the Fair Packaging and Labeling Act (Title 15 U.S.C.
1453) effective as of the date these rules are promulgated;
(b) Net
quantity labeled in terms of weight shall be expressed both in pounds, with any
remainder in terms of ounces or common or decimal fractions of the pound and in
appropriate SI metric system units; or in the case of liquid measure, both in the
largest whole unit (quarts, quarts and pints or pints, as appropriate) with any
remainder in terms of fluid ounces or common or decimal fractions of the pint or
quart and in appropriate SI metric system units;
(c) When
the declaration of quantity of contents by count does not give adequate information
as to the quantity of feed in the container, it shall be combined with such statement
of weight, liquid measure, or size of the individual units as will provide such
information;
(9) Lot
Identifier:
(a) For
the withdraw from distribution purposes in ORS 633.088 a lot identifier that is
sufficient to allow the manufacturer to accurately trace the complete manufacturing
and distribution history of the product;
(b) Records
relating the lot identifier to the manufacture, processing, packing, distribution,
receipt, or holding of the product must be kept for one year after the last date
of distribution.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0140
Expression
of Guarantees
(1) The guarantees
for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine,
other amino acids, crude fat, crude fiber, neutral detergent fiber, dietary starch,
sugars, fructans and acid detergent fiber shall be in terms of percentage.
(2) Mineral
Guarantees:
(a) When
the calcium, salt, and sodium guarantees are given in the guaranteed analysis such
shall be stated and conform to the following:
(A) When
the minimum is below 2.5%, the maximum shall not exceed the minimum by more than
0.5 percentage points;
(B) When
the minimum is 2.5% but less than 5.0%, the maximum shall not exceed the minimum
by more than one percentage point;
(C) When
the minimum is above 5.0% or greater the maximum shall not exceed the minimum by
more than 20% of the minimum and in no case shall the maximum exceed the minimum
by more than five percentage points.
(b) When
stated, guarantees for minimum and maximum total sodium, and salt: minimum potassium,
magnesium, sulfur, phosphorus and maximum fluoride shall be in terms of percentage.
Other minimum mineral guarantees shall be stated in parts per million (ppm) when
the concentration is less than 10,000 ppm and in percentage when the concentration
is 10,000 ppm (1%) or greater;
(c) Products
labeled with a quantity statement (e.g., tablets, capsules, granules or liquid)
may state mineral guarantees in milligrams (mg) per unit (e.g., tablets, capsules,
granules, or liquids) consistent with the quantity statement and directions for
use.
(3) Guarantees
for minimum vitamin content of commercial feeds shall be listed in the order specified
and are stated in mg/lb. or in units consistent with those employed for the quantity
statement unless otherwise specified:
(a) Vitamin
A, other than precursors of vitamin A, in International Units per pound;
(b) Vitamin
D-3 in products offered for poultry feeding, in International Chick Units per pound;
(c) Vitamin
D for other uses, International Units per pound;
(d) Vitamin
E, in International Units per pound;
(e) Concentrated
oils and feed additive premixes containing vitamins A, D and/or E may, at the option
of the distributor be stated in units per gram instead of units per pound;
(f) Vitamin
B-12, in milligrams or micrograms per pound;
(g) All
other vitamin guarantees shall express the vitamin activity in milligrams per pound
in terms of the following: menadione, riboflavin, d-pantothenic acid, thiamine,
niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid,
ascorbic acid, and carotene.
(4) Guarantees
for drugs shall be stated in terms of percent by weight, except:
(a) Antibiotics,
present at less than 2,000 grams per ton (total) of commercial feed shall be stated
in grams per ton of commercial feed;
(b) Antibiotics
present at 2,000 or more grams per ton (total) of commercial feed shall be stated
in grams per pound of commercial feed;
(c) The
term "milligrams per pound" may be used for drugs or antibiotics in those cases
where a dosage is given in "milligrams" in the feeding directions.
(5) Commercial
feeds containing any added non-protein nitrogen shall be labeled as follows:
(a) For
ruminants:
(A) Complete
feeds, supplements, and concentrates containing added non-protein nitrogen and containing
more than 5% protein from natural sources shall be guaranteed as follows: Crude
Protein, minimum, % (This includes not more than % equivalent crude protein from
non-protein nitrogen);
(B) Mixed
feed concentrates and supplements containing less than 5% protein from natural sources
may be guaranteed as follows: Equivalent Crude Protein from Non-Protein Nitrogen,
minimum, %;
(C) Ingredient
sources of non-protein nitrogen such as Urea, Diammonium Phosphate, Ammonium Polyphosphate
Solution, Ammoniated
Rice Hulls, or other basic non-protein nitrogen ingredients defined by the 2011
edition of the Official Publication of 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:
(A) Complete
feeds, supplements and concentrates containing crude protein from all forms of non-protein
nitrogen, added as such, shall be labeled as follows: Crude protein, minimum % (This
includes not more than % equivalent crude protein which is not nutritionally available
to (species of animal for which feed is intended);
(B) Premixes,
concentrates or supplements intended for non-ruminants containing more than 1.25%
equivalent crude protein from all forms of non-protein nitrogen, added as such,
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.”
(6) Mineral
phosphoric materials for feeding purposes shall be labeled with the guarantee for
minimum and maximum percentage of calcium (when present), the minimum percentage
of phosphorus, and the maximum percentage of fluorine.
(7) 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. Such as:
Direct fed Microorganisms (min) 54,000 CFU/lb. (bacillus lentus, Lactobacillus acidophilus).
(8) Guarantees
for enzymes shall be stated in units of enzyme activity per unit of weight, 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/min./milligram. If two sources have the same type of activity, they
shall be listed in order of predominance based on the amount of enzymatic activity
provided.
(9) The
sliding-scale method of expressing guarantees (e.g., protein 15–18%) is prohibited,
unless specifically provided for by applicable law or rule.
(10) In
addition to the requirements set forth in ORS 633.026, liquid feeds shall be quantitatively
guaranteed for:
(a) Minimum
percent of total sugars expressed as invert sugar;
(b) Maximum
percent of ash; and
(c) Maximum
percent moisture.
(11) All
feeds containing greater than 0.5 ppm and less than 25 ppm Selenium shall be guaranteed
for minimum and maximum selenium ppm, regardless of selenium source. Spread between
minimum and maximum shall not exceed 20% of the minimum.
(12) All
feeds containing greater than 0.5% Sulfur shall be guaranteed for sulfur maximum
%.
(13) Guarantees
for dietary starch, sugars, and fructans:
(a) A
commercial feed which bears on its labeling a claim in any manner for levels of
“dietary starch”, “sugars,” “fructans,” or words
of similar designation, shall include on the label:
(i) Guarantees
for maximum percentage of dietary starch and maximum percentage sugars, in the Guaranteed
Analysis section immediately following the Crude Fiber guarantee;
(ii) A
maximum percentage guarantee for fructans immediately following sugars, if the feed
contains forage products;
(iii)
Feeding directions shall indicate the proper use of the feed product and a recommendation
to consult with a veterinarian or nutritionist for a recommended diet.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0150
Substantiation
of Nutritional Suitability
(1) A commercial
feed, other than custom mixed feed, pursuant to ORS 633.055(1) shall be nutritionally
suitable for its intended purpose as represented by it’s labeling.
(2) If
the Department has reasonable cause to believe a commercial feed is not nutritionally
suitable the Department may request the feed manufacturer to either submit an “Affidavit
of Suitability” or an alternative procedure acceptable to the Department,
certifying the nutritional adequacy of the feed. The Affidavit of Suitability or
alternate procedure of suitability shall serve as substantiation of the suitability
of the feed.
(3) If
the feed manufacturer does not submit an Affidavit of Suitability, or alternate
procedure acceptable to the Department within 30 days of written notification the
Department may deem the feed adulterated under ORS 633.045 and order the feed to
be withdrawn from the market.
(4) The
Affidavit of Suitability shall contain the following information:
(a) The
feed company’s name;
(b) The
feed’s product name;
(c) The
name and title of the affiant submitting the document;
(d) A
statement that the affiant has knowledge of the nutritional content of the feed
and based on valid scientific evidence the feed is nutritionally adequate for its
intended purpose;
(e) The
date of submission; and
(f) The
notarized signature of the affiant.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0160
Labeling
as to Ingredients
(1) The name
of each ingredient or collective term for the grouping of ingredients, when required
to be listed, shall be the name as defined in the 2011 edition of the Official Definitions
of feed ingredients as published in the Official Publication of the Association
of American Feed Control Officials, the common or usual name, or one approved by
the Department.
(2) The
name of each ingredient must be shown in letters or type of the same size.
(3) No
reference to quality or grade of an ingredient shall appear in the ingredient statement
of a feed.
(4) The
term “dehydrated” may precede the name of any product that has been
artificially dried.
(5) A
single ingredient product defined by the 2011 edition of the Official Publication
of the Association of American Feed Control Officials is not required to have an
ingredient statement.
(6) Tentative
definitions for ingredients shall not be used until adopted as official, unless
no official definition exists or the ingredient has a common accepted name that
requires no definition, (i.e. sugar).
(7) When
the word “iodized” is used in connection with a feed ingredient, the
feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0170
Labeling
as to Directions for Use and Precautionary Statements
(1) Directions
for use and precautionary statements on the labeling of all commercial feeds and
custom mixed feeds containing additives (including drugs, special purpose additives,
or non-nutritive additives) shall:
(a) 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
(b) Include,
but not be limited to, all information described by all applicable regulations under
the Federal Food, Drug and Cosmetic Act effective as of the date these rules are
promulgated.
(2) Adequate
directions for use and precautionary statements are required for feeds containing
non-protein nitrogen as specified in OAR 603-058-0180.
(3) 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.
(4)
Commercial and custom mixed feeds containing 50% or more grass seed screenings shall
be labeled with the following precautionary statement: “Caution: This feed
contains screenings that may contain endophytes. Do not feed in excess of 30% of
the total diet. Do not feed free-choice.”
Stat. Auth.: ORS 633.006-089,
633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0180
Non-Protein
Nitrogen
(1) Urea and
other non-protein nitrogen products defined in the 2011 edition of the official
publication of the Association of American Feed Control Officials are acceptable
ingredients only in commercial feeds for ruminant animals as a source of equivalent
crude protein. If the commercial feed contains more than 8.75% of equivalent crude
protein from all forms of non-protein nitrogen, added as such, exceeds one-third
of the total crude protein, the label shall bear adequate directions for the safe
use of feeds and a precautionary statement: “CAUTION: USE AS DIRECTED.”
The directions for use and the caution statement shall be in a type of such size
so placed on the label that they will be read and understood by ordinary persons
under customary conditions of purchase and use.
(2) Non-protein
nitrogen defined in the 2011 edition of Official Publication of the Association
of American Feed Control Officials, when so indicated, are acceptable ingredients
in commercial feeds distributed to non-ruminant animals as a source of nutrients
other than equivalent crude protein. The maximum equivalent crude protein from non-protein
nitrogen sources when used in non-ruminant rations shall not exceed 1.25% of the
total daily ration.
(3) On
labels such as those for medicated feeds which bear adequate feeding directions
and /or warning statements, the presence of added non-protein nitrogen shall not
require a duplication of the feeding directions or the precautionary statements
as long as those statements include sufficient information to ensure the safe and
effective use of this product due to the presence of non-protein nitrogen.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0190
Drugs
and Feed Additives
(1) Prior to
approval of a registration application and /or approval of a label for commercial
feed which contains additives (including drugs, other special purpose additives,
or non-nutritive additives) the distributor may be required to submit evidence to
prove safety and efficacy of the commercial feed when used according to the directions
furnished on the label. Satisfactory evidence to prove safety and efficacy of a
commercial feed may include:
(a) When
the commercial feed contains such additives, the use of the additive conforms to
the requirements of the applicable regulation in the Code of Federal Regulations,
Title 21 effective as of the date these rules are promulgated, or which are “prior
sanctioned” or “informal review sanctioned” or “generally
recognized as safe” for such intended use, or
(b) When
the commercial feed is itself a new animal drug as defined in Code of Federal Regulations,
Title 21, Part 510.3 (g) effective as of the date these rules are promulgated and
is generally recognized as safe and effective for the labeled use or is marketed
subject to an application conditionally approved by the Food and Drug Administration
under Sec. 512 [21 U.S.C. 360 b] of the Federal Food, Drug, and Cosmetic Act, or
(c) When
one of the purposes for feeding a commercial feed is to impart immunity (that is
to act through some immunological process) the constituents imparting immunity have
been approved for the purpose through the Federal Virus, Serum and Toxins Act of
1913, or
(d) When
the commercial feed is a direct fed microbial product and:
(i) The
product meets the particular fermentation product definition, and
(ii) The
microbial content statement, as expressed in the labeling, is limited to the following:
“Contains a source of live (viable) naturally occurring microorganisms.”
This statement shall appear on the label, and
(iii)
The source is stated with a corresponding guarantee expressed in accordance with
OAR 603-508-0140(7).
(e) When
the commercial feed is an enzyme product and:
(i) The
product meets the particular enzyme definition defined by the 2011 edition of the
official publication of the Association of American Feed Control Officials, and
(ii) The
enzyme activity is stated with a corresponding guarantee expressed in accordance
with OAR 603-058-0140(8).
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0200
Adulterants
(1) Wild Bird
Feed. Pursuant to ORS 633.045(7), a person may not sell or otherwise distribute
wild bird feed containing viable noxious weed seeds that exceed the amounts stated
in this rule.
(2) Wild
bird feed is defined in ORS 633.006(20).
(3) Wild
bird feed sold or distributed to the final consumer shall contain:
(a) No
viable prohibited noxious weed seed listed in OAR 603-056-0205(1) Prohibited noxious
weed seeds.
(b) No
more viable restricted noxious weed seed than the maximum allowable number of seeds
per pound specified by species in OAR 603-056-0205(2) Restricted noxious weed seeds.
(4) For
the purpose of ORS 633.045, the terms “poisonous or deleterious substances”
include but are not limited to the following:
(a) Fluorine
and any mineral or mineral mixture which is to be used directly for the feeding
of domestic animals and in which the fluorine exceeds 0.20% for the breeding and
dairy cattle; 0.30% for slaughter cattle; 0.30% for sheep; 0.35% for lambs; 0.45%
for swine; and 0.60% for poultry;
(b) Fluorine
bearing ingredients when used in such amounts that they raise the fluorine content
of the total ration (exclusive of roughage) above the following amounts: 0.004%
for breeding and dairy cattle; 0.009% for slaughter cattle; 0.006% for sheep; 0.01%
for lambs; 0.015% for swine and 0.03% for poultry;
(c) 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 50 milligrams of Fluorine per 100 pounds
of body weight;
(d) Soybean
meal flakes or pellets or other vegetable meals, flakes or pellets, which have been
extracted with trichloroethylene or other, chlorinated solvents;
(e) 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);
(f) Selenium
in swine gestation or lactation complete diets that exceeds 1.00ppm;
(g) Lolitrem
b in excess of 1800 ppb in the total diet;
(h) Ergovaline
in excess of: 300 ppb in equine total diets; 400 ppb in cattle total diets and 500
ppb in the total diets of sheep and goats.
(5) 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:
(a) No
viable prohibited noxious weed seed listed in OAR 603-056-0205(1) Prohibited noxious
weed seeds, and
(b) No
more viable restricted noxious weed seed than the maximum allowable number of seeds
per pound specified by species in OAR 603-056-0205(2) Restricted noxious weed seeds.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0210
Good Manufacturing
Practices (GMP’s)
For the purpose of enforcing
ORS 633.045 (6) the department adopts the following good manufacturing practices:
(1) The
regulations prescribing good manufacturing practices for type B and Type C medicated
feeds as published in the Code of Federal Regulations, Title 21, Part 225, Section
225.1-225.202 effective as of the date these rules are promulgated.
(2) The
regulations prescribing good manufacturing practices for Type A Medicated Articles
as published in the Code of Federal Regulations, Title 21, Part 226, Sections 226.1-226.115
effective as of the date these rules are promulgated.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0220
Certain
Mammalian Proteins are Prohibited in Ruminant Feed
Pursuant to ORS
633.045(1) deleterious substances, the Department adopts the requirements of title
21, Code of Federal Regulations parts 589.2000 and 589.2001 effective as of the
date these rules are promulgated.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0230
Labeling
of Processed Animal Waste
(1) Animal waste
products sold, held for sale, or offered for sale shall be identified in accordance
with the definitions, and shall conform to the requirements of this section. Such
products, which are utilized for animal feeding on the premises, where produced,
by the person whose animals produced the same, shall conform generally to the provisions
of this rule:
(a) "Processed
animal waste" is a processed product composed of total excreta, with or without
litter, from poultry or ruminant animals. It shall not contain levels of drug residue,
pesticide residue, or other toxic or deleterious substances that could be harmful
to animals or result in harmful or unlawful residue levels in their tissue or by-products.
The final moisture of the product shall not exceed 12 percent, except as provided
in section (2) of this rule. It shall not be used in feed for lactating dairy animals.
If used in a mixed feed, the maximum percentage of processed animal waste shall
be stated on the label of such mixed feed. It shall not be fed to animals within
15 days of slaughter. Processed animal waste includes the following:
(b) "Dried
Poultry Waste" is processed undiluted poultry excreta collected from cage layer
flocks. The product shall be uniform and contain not less than 25 percent crude
protein, not more than 15 percent crude fiber, and not more than 30 percent ash.
It shall be labeled to show minimum protein, maximum equivalent crude protein from
nonprotein nitrogen, minimum fat, maximum fiber, maximum ash, maximum and minimum
salt (NaCl), maximum and minimum calcium (Ca), and minimum phosphorus (P). The product
shall not contain more than 1 percent feathers;
(c) "Dried
Poultry Litter" is the processed combination of total poultry excreta and litter
that occurs in the floor production of poultry. The product shall be uniform and
contain not less than 18 percent protein. The type of litter shall be a part of
the product name. It shall be labeled to show minimum protein, maximum equivalent
crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash,
maximum and minimum calcium (Ca), minimum phosphorus (P), and maximum and minimum
salt (NaCl);
(d) "Dried
Ruminant Waste" is processed bovine excreta free of extraneous material such as
straws, wood shavings, dirt, and similar materials. The product shall be uniform
and contain not less than 12 percent crude protein and not more than 30 percent
crude fiber and 20 percent ash. It shall be labeled to show minimum protein, maximum
equivalent crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum
ash, and maximum and minimum salt (NaCl).
(2) Processed
Animal Waste in excess of 12 percent moisture including slurries, silages, and other
semidry products shall conform to the requirements of section (1) of this rule except
for the moisture limitation stated therein. If sold for feeding purposes, it shall
be labeled to show type of process, maximum moisture, minimum protein, maximum equivalent
crude protein from nonprotein nitrogen, minimum fat, maximum fiber, maximum ash,
and maximum and minimum salt (NaCl).
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0240
License
Fees for Feed Manufacturers, Wholesale Distributors, Feed Registrants, and Certain
Feeders
The license fees
for any person operating a feed manufacturing plant (per location), or acting as
a wholesale distributor of feeds, or registering feeds for distribution in Oregon,
or acting as a contract feeder wherein drugs in any form are utilized in the manufacturing
of such feed, shall be in accordance with the following:
(1) Non-Manufacturing
Licenses: A license fee of $100 for wholesale distributors, retailers who register
feeds, re-labelers or contract feeders who are not feed manufacturers.
(2) Manufacturing
Licenses:
(a) A
license fee for each Oregon manufacturing location based upon annual distribution
of commercial feeds in Oregon, in accordance with the schedule set forth in section
(3) of this rule;
(b) A
license fee for each company with manufacturing located outside of Oregon based
on their annual distribution of commercial feeds into Oregon. Companies with multiple
locations outside of Oregon only need to obtain one license and combine the tons
distributed in Oregon;
(c) Firms
with mills both in Oregon and outside Oregon must obtain licenses under OAR 603-058-0240(2)(a)
and 603-058-0240(2)(b).
(3) The
annual fee schedule based upon annual Oregon distribution of commercial feed is
as follows: Annual Tonnage — Annual Fee:
(a) Less
than one (1) ton of wildbird seed — $10;
(b) Less
than 5,000 tons — $100;
(c) 5,000
to 9,999 tons — $200;
(d) 10,000
to 19,999 tons — $300;
(e) 20,000
to 29,999 tons — $400;
(f) Greater
than 30,000 tons — $500.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0250
Feed Product
Registration Fee
The annual registration
fee for each formula, product or formulation of commercial feed under each brand
shall be $20, which fee is payable at the time an application for registration is
made to the Department. A firm must hold a manufacturing license or non-manufacturing
license to register feed products.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0260
Certificates
of Free Sale
(1) To enhance
trade with foreign countries the department will provide certificates of free sale
when requested by firms. Certificates are provided at no cost. Multiple feed products
may be put on each certificate.
(2) Certificates
will be provided within 30 calendar days of initial request. Product must be registered
to sell in Oregon when the certificate request is made.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0270
Referee
Samples May Be Taken
(1) The Department
may be called upon to collect samples of commercial or custom feeds to resolve issues
between animal feeders
and feed suppliers. Either party may contact the Department and request a referee
sample to be taken.
(2) A department representative
will take the sample and provide a representative split of it to each party. The
sample will be submitted to the lab designated by the department for tests designated
by the animal feeder. The department will pay the testing costs.
(3) Unofficial
samples submitted by the animal feeder may be accepted as a referee sample at the
department’s discretion. This should only be done when time is of the essence
or travel time is cost prohibitive.
(4) Lab
results of referee samples will be provided to both parties. Results are not to
be released as public records.
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0280
Reserved
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11
603-058-0290
Reserved
Stat. Auth.:
ORS 633.006-089, 633.992, 561.605 & 561.620

Stats.
Implemented:

Hist.:
DOA 13-2011, f. & cert. ef. 8-12-11

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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