State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter13

CHAPTER 13 - COMMERCIAL FEED

 

11-13-101. Short title.

 

Thisact may be cited as the "Wyoming Commercial Feed Law."

 

11-13-102. Definitions; exemptions.

 

 

(a) As used in this act:

 

(i) "Association of America Feed Control Officials(AAFCO)" means officials of any state, dominion, federal or othergovernmental agency in North America, and employees thereof charged with theresponsibility of enforcing laws regulating the production, labeling,distribution or sale of animal feeds;

 

(ii) "Association of Official Analytical Chemists(AOAC)" means government and industry officials charged with developinganalytical methods and the collaborative testing of those methods, validatingdata and accepting or rejecting those methods for use;

 

(iii) "Brand name" means any word, name, symbol, deviceor any combination thereof identifying the commercial feed of a distributor orregistrant and distinguishing it from that of others;

 

(iv) "Commercial feed" means all liquid or solidmaterials or combination of materials,including custom formula feed, medicated feed and mineral feed, which are distributed or intended for distribution for use as feed or formixing in feed for animals other than man except the following:

 

(A) Unmixed seed, whole or processed, made directly from theentire seed, or unmixed or unprocessed whole seeds;

 

(B) Raw meat, hay, straw, stover, silage, cobs, husks, hullsand individual chemical compounds or substances when such commodities,compounds or substances are not intermixed with other materials, and are notadulterated within the meaning of W.S. 11-13-106(c)(ii).

 

(v) "Contract feeder" means a person who as anindependent contractor, feeds commercial feed to animals pursuant to a contractwhereby the commercial feed is supplied, furnished or otherwise provided to theperson and whereby the person's remuneration is determined all or in part byfeed consumption, mortality, profits or amount or quality of product;

 

(vi) "Custom formula feed" means commercial feed whichconsists of a mixture of commercial feeds or feed ingredients each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser;

 

(vii) "Department" means the state department ofagriculture;

 

(viii) "Director" means the director of the departmentof agriculture;

 

(ix) "Distribute" means to offer for sale, sell, exchangeor barter commercial feed or to supply, furnish or otherwise provide commercialfeed;

 

(x) "Distributor" means any person who distributes;

 

(xi) "Drug" means any article intended for use in thediagnosis, cure, mitigation, treatment or prevention of disease in animalsother than man and articles other than feed intended to affect the structure orany function of the animal body;

 

(xii) "Feed" means commercial feed, pet food andspecialty pet food;

 

(xiii) "Feed ingredient" means each of the constituentmaterials making up a commercial feed;

 

(xiv) "Label" means a display of written, printed orgraphic matter upon or affixed to the container in which a commercial feed isdistributed, or on the invoice or delivery slip with which a commercial feed orcustom formula feed is distributed;

 

(xv) "Labeling" means all labels and other written,printed or graphic matter upon a commercial feed, any of its containers orwrappers, or accompanying such commercial feed;

 

(xvi) "Manufacture" means to grind, mix or blend, orfurther process a commercial feed for distribution;

 

(xvii) "Medicated feed" means any commercial feed whichcontains drug ingredients intended for the cure, mitigation, treatment orprevention of diseases of animals, or which contains drug ingredients intendedto affect the structure or any function of the body of animals;

 

(xviii) "Mineral feed or mixture" means a commercial feeddesigned or intended to supply primarily mineral elements or inorganicnutrients;

 

(xix) "Official sample" means any sample of feed takenby and designated as official by the director or his agent;

 

(xx) "Percent" or "percentage" meanspercentage by weight;

 

(xxi) "Pet" means any domesticated animal normallymaintained in or near the household of the owner thereof;

 

(xxii) "Pet food" means any commercial feed prepared anddistributed for consumption by pets;

 

(xxiii) "Product name" means the name of the commercialfeed which identifies it as to kind, class or specific use;

 

(xxiv) "Specialty pet" means any domesticated animal petnormally maintained in a cage or tank, such as, but not limited to, gerbils,hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish,snakes and turtles;

 

(xxv) "Specialty pet food" means any commercial feedprepared and distributed for consumption by a specialty pet;

 

(xxvi) "Ton" means a net weight of two thousand (2,000)pounds avoirdupois;

 

(xxvii) "This act" means W.S. 11-13-101 through11-13-110.

 

(b) The names and definitions for commercial feeds shall be theofficial definition of feed ingredients adopted by the Association of AmericanFeed Control Officials (AAFCO) and the director, except as he designatesotherwise in specific cases, or as specified in this section.

 

(c) The terms used in reference to commercial feeds shall bethe official feed terms adopted by the Association of American Feed ControlOfficials and the director, except as he designates otherwise in specific casesor as specified in this section.

 

(d) Individual chemical compounds and substances are herebydeclared exempt from the definition of "commercial feed" under theprovisions of this act. The director may exempt a product from the provisionsof this act if he finds that the product meets the following criteria:

 

(i) There is an adopted Association of American Feed ControlOfficials definition for the product;

 

(ii) The product is either generally recognized as safe or isnot covered by a specific food and drug administration regulation;

 

(iii) The product is either a natural occurring product ofrelatively uniform chemical composition or is manufactured to meet theAssociation of American Feed Control Officials definition of the product;

 

(iv) The use of the product in the feed industry constitutes aminor portion of its total industrial use;

 

(v) Small quantities of additives, which are intended to impartspecial desirable characteristics shall be permitted; and

 

(vi) There is no need or problem of control of this product.

 

(e) Nothing in this act shall apply to any contract feeder asdefined by this act.

 

11-13-103. Labels.

 

 

(a) Every lot, package or parcel of commercial feed sold,offered for sale or distributed within this state shall have a tag or labelaffixed in a conspicuous place on the outside, containing a legible printedstatement clearly and truly certifying:

 

(i) The product name and the brand name, if any, under whichthe commercial feed is distributed;

 

(ii) A purpose statement which shall contain the specificspecies and animal class for which the feed is intended. The manufacturershall have flexibility in describing in more specific common language thedefined animal class, specie and purpose while being consistent with thecategory of animal class, which may include but not be limited to the weightrange, sex or ages of the animals for which the feed is manufactured. Thepurpose statement may be excluded from the label if the product name includes adescription of the species and animal class for which the product is intended;

 

(iii) The guaranteed analysis stated in such terms that willadvise the user of the composition of the feed or to support claims made in thelabeling. In all cases the substances or elements must be determinable bylaboratory methods. The guaranteed analysis shall contain the followinginformation:

 

(A) The minimum percent of crude protein;

 

(B) The percent of added approved synthetic nitrogen sourcesreported as protein, for ruminant feeding only;

 

(C) The minimum percent of crude fat;

 

(D) The maximum percent of crude fiber;

 

(E) The vitamin content as listed;

 

(F) The month and year of preparation or lot number, alllegibly printed;

 

(G) The maximum percent of water in the caseof liquid commercial feeds; and

 

(H) Othersubstances or elements, determinable by laboratory methods, guaranteed bypermission of the director.

 

(iv) The common or usual name of each ingredient used in themanufacture of commercial feed. The name of each ingredient shall be defined inthe official publication of the Association of American Feed Control Officials,common or usual name, or one (1) approved by the director. The use of acollective term for a group of ingredients which perform a similar functionshall be permitted. Collective terms for grouping of feed ingredients asdefined in the official definitions of feed ingredients published in theofficial publication of the Association of American Feed Control Officials inlieu of the individual ingredients may be used provided that:

 

(A) When a collective term for a group of ingredients is usedon the label, individual ingredients within that group shall not be listed onthe label; and

 

(B) The manufacturer shall provide the department, uponrequest, with a list of individual ingredients, within a defined group, that areor have been used at manufacturing facilities distributing in or into thisstate.

 

(v) Directions for use and any warning or precautionstatements;

 

(vi) The name and principal address of the manufacturer orperson responsible for distributing the commercial feed;

 

(vii) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(viii) For medicated feeds:

 

(A) The word "medicated" shall appear directly belowthe product name;

 

(B) The guaranteed analysis of the drug or medication used,expressed in terms respective to the type of drug or medication used; and

 

(C) A claim statement shall be included in the labeling.

 

(b) A custom formula feed shall be accompanied by a label,invoice, delivery slip or other shipping document and be supplied to thepurchaser at the time of delivery bearing the following information:

 

(i) Name and address of the manufacturer;

 

(ii) Name and address of the purchaser;

 

(iii) Date of sale or delivery;

 

(iv) The custom formula feed name, product name and brand name,if any, and number of pounds of each registered commercial feed used in themixture and the name and number of pounds of each other feed ingredient added;

 

(v) The net weight of the contents of the package, lot orparcel, stated in the required avoirdupois; and

 

(vi) The directions for use and any precautionary statements forall custom formula feeds containing drugs and for such other feeds as necessaryfor their safe and effective use. Any custom formula feeds containing drugs ormedications shall also be provided as outlined in subsection (a) of thissection with a claim statement and the guaranteed analysis of the drug ormedication used, expressed in terms respective to the type of drug ormedication used. Should any custom formula feed be distributed to any otherperson than the final purchaser for whom the feed was made, it shall beconsidered a commercial feed and shall meet all labeling and registrationrequirements of a commercial feed as outlined in this act.

 

(c) Every lot, package or parcel of mineral mixtures sold,offered for sale or distributed as commercial feed within this state shall havea tag or label affixed in a conspicuous place on the outside containing alegible printed statement truly certifying:

 

(i) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(ii) The product name and brand name, if any, under which themineral mixture is distributed;

 

(iii) The name and principal mailing address of the manufactureror person responsible for distributing the mineral mixture;

 

(iv) The minimum and maximum percent of calcium (Ca) subject tothe following limitations:

 

(A) The maximum percent of calcium shall not exceed by morethan twenty percent (20%) the minimum percent of calcium unless the minimumpercent of calcium is five percent (5%) or less, in which case the maximumpercent of calcium may exceed the minimum by one percent (1%) of calcium; and

 

(B) Where limestone is used as a source of calcium in livestockminerals sold in Wyoming, no limestone shall be used which contains less thanninety percent (90%) of calcium carbonate (CaCO3).

 

(v) The minimum percent of phosphorus (P);

 

(vi) The minimum percent of iodine (I);

 

(vii) The maximum percent of sodium chloride (NaCl);

 

(viii) The specific generic name of each ingredient used in itsmanufacture.

 

(d) The crude protein, crude fat, crude fiber, vitamins andminerals shall be determined by the methods in force at the time by the Associationof Official Analytical Chemists.

 

11-13-104. Powers and duties of director generally.

 

 

(a) The director shall enforce the provisions of this chapterand may prescribe the form of tags, stamps or labels to be used to show thatthe registration has been properly filed. The director may prescribe andenforce rules and regulations relating to the sale of commercial feed he deemsnecessary and may adopt such standards and definitions to carry into effect thefull intent and meaning of the law.

 

(b) The director may refuse to register any commercial feedunder a name, brand or trademark which would tend to mislead or deceive as tothe materials of which it is composed, or when the specific name of eachingredient used in its manufacture is not stated except for those feeds thatutilize collective terms in the labeling. He may refuse registration of anyapplication not in compliance with the law and may cancel any registrationsubsequently found not to be in compliance with the law. No registration shallbe refused or cancelled until the registrant has been given opportunity to beheard before the director and to amend his application in order to bring itinto compliance.

 

(c) An applicant may appeal the refusal to register a productin accordance with the Wyoming Administrative Procedure Act.

 

11-13-105. Registration; fees; disposition thereof.

 

 

(a) Each commercial feed except custom formula feeds shall beregistered before being distributed in this state. The application forregistration shall be submitted on forms furnished by the director, and if thedirector requests, shall also be accompanied by a label or other printed matterdescribing the product. Upon approval by the director or his agent, a copy ofthe registration shall be furnished to the applicant. All registrations areeffective from the date of approval and expire on December 31 each year. Thedirector may permit on the registration the alternative listing of ingredientsof comparable feed value, but the label for each package shall state thespecific ingredients in the package except for those feeds which utilizecollective terms in the labeling.

 

(b) A distributor is not required to register any brand ofcommercial feed which is already registered under this act by another person.

 

(c) Changes in the chemical or ingredient composition of aregistered commercial feed may be permitted if there is satisfactory evidencethat such changes do not result in lowering the feed value of the product forthe purpose for which designed.

 

(d) Each application for registration shall be accompanied witha twenty dollar ($20.00) registration fee per mixture or formula. Theregistration fee shall be deposited in the state general fund.

 

11-13-106. Right of access to establishments and information relatingto manufacturing; sampling and analysis.

 

 

(a) The director or his agent shall have access during normalbusiness hours to establishments or facilities in which commercial feed ismanufactured, transported or held for distribution, and to information relatingto manufacture, transportation or distribution of the feed for purposes ofsampling and inspection.

 

(b) The methods of sampling and analysis shall be those adoptedby the director from the Association of Official Analytical Chemists. In cases not covered by such methods, or in cases wheremethods are available in which improved applicability has been demonstrated,the director may adopt such appropriate methods from other sources. The director, in determining whether a commercial feed is deficientin any component, shall be guided solely by the official sample analyzed inaccordance with the methods so adopted. A deficiency in an officialsample of commercial feed resulting from nonuniformity during packaging isdeemed to be a deficiency for the purposes of this act. For purposes of thisact, the results of official analysis shall be final, unless it is determinedby the director that a resample is warranted. If a distributor or registrantrequests a resample of a commercial feed based upon the director's findings ofa deficiency, all costs associated with the resampling and analysis shall beborne by the distributor or registrant. If the results of the resamplingestablish the result of the first analysis was invalid, the department shall bearthe costs associated with the resampling. Any requests for a resample to thedirector shall be made in writing.

 

 

 

(c) When the inspection and analysis of an official sampleindicates a commercial feed has been adulterated or misbranded, the results ofanalysis shall be forwarded by the director to the distributor and thepurchaser. The following shall apply:

 

(i) A commercial feed shall be deemed to be misbranded if:

 

(A) Its labeling is false or misleading in any particular;

 

(B) It is distributed under the name of another commercialfeed;

 

(C) It is not labeled as required in W.S. 11-13-103;

 

(D) It purports to be or is represented as a commercial feed orif it purports to contain or is represented as containing a commercial feedunless such feed conforms to the definition outlined by the officialpublication of the Association of American Feed Control Officials, except asthe director designates otherwise in specific cases;

 

(E) Any word, statement or other information required by orunder the authority of this act does not appear conspicuously on the label, andin such terms that the ordinary person under customary conditions of purchaseand use would not understand;

 

(F) The commercial feed is short weight. All provisions forenforcement of items found to be short weight shall be administered by thedepartment under W.S. 40-10-117 through 40-10-136 of the Wyoming weights andmeasures law.

 

(ii) A commercial feed shall be deemed to be adulterated if:

 

(A) It bears or contains any poisonous or deleterious substancewhich may render it injurious to health, but in case the substance is not anadded substance, such commercial feeds shall not be considered adulteratedunder this subsection if the quantity of such substance does not ordinarily renderit injurious to health;

 

(B) It contains an unapproved food and drug administrationdrug, medication or animal remedy;

 

(C) Any valuable constituent has been in whole or in partomitted or abstracted therefrom or any less valuable substance substitutedtherefor;

 

(D) It contains any prohibited noxious weed seeds or exceedsthe tolerance established on restricted noxious weed seeds pursuant to W.S.11-12-104 or exceeds two percent (2%) of viable common weed seeds by weight.

 

11-13-107. Warning to distributor; seizure and order of disposition;application for release.

 

 

(a) When the director or his authorized agents find that anarticle is unregistered, mislabeled or misbranded, adulterated or that it doesnot conform to its label guarantee, he may issue a written statement warningthe distributor that the article is considered to be in violation of the law.This statement is a warning only, to the distributor that if the article isdistributed further the director may bring proceedings. If the distributor ormanufacturer heeds the warning and corrects the violation within the timeallowed by the director, no further action will be taken.

 

(b) Any lot of commercial feed not in compliance withrequirements of law and regulations is subject to seizure on complaint of thedirector to a court of competent jurisdiction in the area in which thecommercial feed is located. If the court finds the commercial feed in violationand orders the condemnation of the feed, it shall be disposed of in any mannerconsistent with the quality of the commercial feed and the laws of the state.In no instance shall the disposition of the commercial feed be ordered by thecourt without first giving the claimant an opportunity to apply to the courtfor release of the feed or for permission to process or relabel the feed tobring it into compliance with the law.

 

11-13-108. Prohibited acts; penalty; additional sanctions.

 

 

(a) It is unlawful for any person to:

 

(i) Sell or distribute in this state any commercial feedwithout having attached or furnished such stamps, labels or tags as required bylaw;

 

(ii) Impede, prevent or attempt to prevent the director or hisagent in the performance of his lawful duties;

 

(iii) Sell, offer for sale or distribute in this state any commercialfeed without complying with the requirements of law;

 

(iv) Sell or distribute in this state any commercial feed whichcontains a smaller percentage of crude protein or crude fat or a largerpercentage of crude fiber than is certified to be contained therein;

 

 

 

(v) Fail to properly state the specific name of each ingredientused in its manufacture except for those feeds which utilize collective termsin the labeling; or

 

(vi) Sell or distribute in this state any commercial feed whichhas not been registered with the department as required by this act.

 

(b) Any person who violates any of the provisions of thissection shall be fined not more than one hundred dollars ($100.00) for thefirst violation and not less than one hundred dollars ($100.00) for eachsubsequent violation.

 

(c) In addition to the penalty provided in subsection (b) ofthis section, the distribution of any commercial feed mixed or adulterated withany substance injurious to livestock or pets is subject to seizure,condemnation and sale as the court may direct, the proceeds from such sale tobe deposited in the state general fund. The court may in its discretion releasethe feed seized when the requirements of law have been complied with, and uponpayment of all costs and expenses incurred by the state in any proceedingsconnected with the seizure.

 

11-13-109. Promulgation of rules and regulations.

 

Thedirector is authorized to promulgate such rules and regulations for commercialfeeds as may be necessary for the efficient enforcement of this act. Procedures for promulgation shall be those outlined in the WyomingAdministrative Procedure Act.

 

11-13-110. Cooperation with other entities.

 

Thedirector may cooperate with and enter into agreements with governmentalagencies of this state, other states and agencies of the federal government inorder to carry out the purpose and provisions of this act.

 

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter13

CHAPTER 13 - COMMERCIAL FEED

 

11-13-101. Short title.

 

Thisact may be cited as the "Wyoming Commercial Feed Law."

 

11-13-102. Definitions; exemptions.

 

 

(a) As used in this act:

 

(i) "Association of America Feed Control Officials(AAFCO)" means officials of any state, dominion, federal or othergovernmental agency in North America, and employees thereof charged with theresponsibility of enforcing laws regulating the production, labeling,distribution or sale of animal feeds;

 

(ii) "Association of Official Analytical Chemists(AOAC)" means government and industry officials charged with developinganalytical methods and the collaborative testing of those methods, validatingdata and accepting or rejecting those methods for use;

 

(iii) "Brand name" means any word, name, symbol, deviceor any combination thereof identifying the commercial feed of a distributor orregistrant and distinguishing it from that of others;

 

(iv) "Commercial feed" means all liquid or solidmaterials or combination of materials,including custom formula feed, medicated feed and mineral feed, which are distributed or intended for distribution for use as feed or formixing in feed for animals other than man except the following:

 

(A) Unmixed seed, whole or processed, made directly from theentire seed, or unmixed or unprocessed whole seeds;

 

(B) Raw meat, hay, straw, stover, silage, cobs, husks, hullsand individual chemical compounds or substances when such commodities,compounds or substances are not intermixed with other materials, and are notadulterated within the meaning of W.S. 11-13-106(c)(ii).

 

(v) "Contract feeder" means a person who as anindependent contractor, feeds commercial feed to animals pursuant to a contractwhereby the commercial feed is supplied, furnished or otherwise provided to theperson and whereby the person's remuneration is determined all or in part byfeed consumption, mortality, profits or amount or quality of product;

 

(vi) "Custom formula feed" means commercial feed whichconsists of a mixture of commercial feeds or feed ingredients each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser;

 

(vii) "Department" means the state department ofagriculture;

 

(viii) "Director" means the director of the departmentof agriculture;

 

(ix) "Distribute" means to offer for sale, sell, exchangeor barter commercial feed or to supply, furnish or otherwise provide commercialfeed;

 

(x) "Distributor" means any person who distributes;

 

(xi) "Drug" means any article intended for use in thediagnosis, cure, mitigation, treatment or prevention of disease in animalsother than man and articles other than feed intended to affect the structure orany function of the animal body;

 

(xii) "Feed" means commercial feed, pet food andspecialty pet food;

 

(xiii) "Feed ingredient" means each of the constituentmaterials making up a commercial feed;

 

(xiv) "Label" means a display of written, printed orgraphic matter upon or affixed to the container in which a commercial feed isdistributed, or on the invoice or delivery slip with which a commercial feed orcustom formula feed is distributed;

 

(xv) "Labeling" means all labels and other written,printed or graphic matter upon a commercial feed, any of its containers orwrappers, or accompanying such commercial feed;

 

(xvi) "Manufacture" means to grind, mix or blend, orfurther process a commercial feed for distribution;

 

(xvii) "Medicated feed" means any commercial feed whichcontains drug ingredients intended for the cure, mitigation, treatment orprevention of diseases of animals, or which contains drug ingredients intendedto affect the structure or any function of the body of animals;

 

(xviii) "Mineral feed or mixture" means a commercial feeddesigned or intended to supply primarily mineral elements or inorganicnutrients;

 

(xix) "Official sample" means any sample of feed takenby and designated as official by the director or his agent;

 

(xx) "Percent" or "percentage" meanspercentage by weight;

 

(xxi) "Pet" means any domesticated animal normallymaintained in or near the household of the owner thereof;

 

(xxii) "Pet food" means any commercial feed prepared anddistributed for consumption by pets;

 

(xxiii) "Product name" means the name of the commercialfeed which identifies it as to kind, class or specific use;

 

(xxiv) "Specialty pet" means any domesticated animal petnormally maintained in a cage or tank, such as, but not limited to, gerbils,hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish,snakes and turtles;

 

(xxv) "Specialty pet food" means any commercial feedprepared and distributed for consumption by a specialty pet;

 

(xxvi) "Ton" means a net weight of two thousand (2,000)pounds avoirdupois;

 

(xxvii) "This act" means W.S. 11-13-101 through11-13-110.

 

(b) The names and definitions for commercial feeds shall be theofficial definition of feed ingredients adopted by the Association of AmericanFeed Control Officials (AAFCO) and the director, except as he designatesotherwise in specific cases, or as specified in this section.

 

(c) The terms used in reference to commercial feeds shall bethe official feed terms adopted by the Association of American Feed ControlOfficials and the director, except as he designates otherwise in specific casesor as specified in this section.

 

(d) Individual chemical compounds and substances are herebydeclared exempt from the definition of "commercial feed" under theprovisions of this act. The director may exempt a product from the provisionsof this act if he finds that the product meets the following criteria:

 

(i) There is an adopted Association of American Feed ControlOfficials definition for the product;

 

(ii) The product is either generally recognized as safe or isnot covered by a specific food and drug administration regulation;

 

(iii) The product is either a natural occurring product ofrelatively uniform chemical composition or is manufactured to meet theAssociation of American Feed Control Officials definition of the product;

 

(iv) The use of the product in the feed industry constitutes aminor portion of its total industrial use;

 

(v) Small quantities of additives, which are intended to impartspecial desirable characteristics shall be permitted; and

 

(vi) There is no need or problem of control of this product.

 

(e) Nothing in this act shall apply to any contract feeder asdefined by this act.

 

11-13-103. Labels.

 

 

(a) Every lot, package or parcel of commercial feed sold,offered for sale or distributed within this state shall have a tag or labelaffixed in a conspicuous place on the outside, containing a legible printedstatement clearly and truly certifying:

 

(i) The product name and the brand name, if any, under whichthe commercial feed is distributed;

 

(ii) A purpose statement which shall contain the specificspecies and animal class for which the feed is intended. The manufacturershall have flexibility in describing in more specific common language thedefined animal class, specie and purpose while being consistent with thecategory of animal class, which may include but not be limited to the weightrange, sex or ages of the animals for which the feed is manufactured. Thepurpose statement may be excluded from the label if the product name includes adescription of the species and animal class for which the product is intended;

 

(iii) The guaranteed analysis stated in such terms that willadvise the user of the composition of the feed or to support claims made in thelabeling. In all cases the substances or elements must be determinable bylaboratory methods. The guaranteed analysis shall contain the followinginformation:

 

(A) The minimum percent of crude protein;

 

(B) The percent of added approved synthetic nitrogen sourcesreported as protein, for ruminant feeding only;

 

(C) The minimum percent of crude fat;

 

(D) The maximum percent of crude fiber;

 

(E) The vitamin content as listed;

 

(F) The month and year of preparation or lot number, alllegibly printed;

 

(G) The maximum percent of water in the caseof liquid commercial feeds; and

 

(H) Othersubstances or elements, determinable by laboratory methods, guaranteed bypermission of the director.

 

(iv) The common or usual name of each ingredient used in themanufacture of commercial feed. The name of each ingredient shall be defined inthe official publication of the Association of American Feed Control Officials,common or usual name, or one (1) approved by the director. The use of acollective term for a group of ingredients which perform a similar functionshall be permitted. Collective terms for grouping of feed ingredients asdefined in the official definitions of feed ingredients published in theofficial publication of the Association of American Feed Control Officials inlieu of the individual ingredients may be used provided that:

 

(A) When a collective term for a group of ingredients is usedon the label, individual ingredients within that group shall not be listed onthe label; and

 

(B) The manufacturer shall provide the department, uponrequest, with a list of individual ingredients, within a defined group, that areor have been used at manufacturing facilities distributing in or into thisstate.

 

(v) Directions for use and any warning or precautionstatements;

 

(vi) The name and principal address of the manufacturer orperson responsible for distributing the commercial feed;

 

(vii) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(viii) For medicated feeds:

 

(A) The word "medicated" shall appear directly belowthe product name;

 

(B) The guaranteed analysis of the drug or medication used,expressed in terms respective to the type of drug or medication used; and

 

(C) A claim statement shall be included in the labeling.

 

(b) A custom formula feed shall be accompanied by a label,invoice, delivery slip or other shipping document and be supplied to thepurchaser at the time of delivery bearing the following information:

 

(i) Name and address of the manufacturer;

 

(ii) Name and address of the purchaser;

 

(iii) Date of sale or delivery;

 

(iv) The custom formula feed name, product name and brand name,if any, and number of pounds of each registered commercial feed used in themixture and the name and number of pounds of each other feed ingredient added;

 

(v) The net weight of the contents of the package, lot orparcel, stated in the required avoirdupois; and

 

(vi) The directions for use and any precautionary statements forall custom formula feeds containing drugs and for such other feeds as necessaryfor their safe and effective use. Any custom formula feeds containing drugs ormedications shall also be provided as outlined in subsection (a) of thissection with a claim statement and the guaranteed analysis of the drug ormedication used, expressed in terms respective to the type of drug ormedication used. Should any custom formula feed be distributed to any otherperson than the final purchaser for whom the feed was made, it shall beconsidered a commercial feed and shall meet all labeling and registrationrequirements of a commercial feed as outlined in this act.

 

(c) Every lot, package or parcel of mineral mixtures sold,offered for sale or distributed as commercial feed within this state shall havea tag or label affixed in a conspicuous place on the outside containing alegible printed statement truly certifying:

 

(i) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(ii) The product name and brand name, if any, under which themineral mixture is distributed;

 

(iii) The name and principal mailing address of the manufactureror person responsible for distributing the mineral mixture;

 

(iv) The minimum and maximum percent of calcium (Ca) subject tothe following limitations:

 

(A) The maximum percent of calcium shall not exceed by morethan twenty percent (20%) the minimum percent of calcium unless the minimumpercent of calcium is five percent (5%) or less, in which case the maximumpercent of calcium may exceed the minimum by one percent (1%) of calcium; and

 

(B) Where limestone is used as a source of calcium in livestockminerals sold in Wyoming, no limestone shall be used which contains less thanninety percent (90%) of calcium carbonate (CaCO3).

 

(v) The minimum percent of phosphorus (P);

 

(vi) The minimum percent of iodine (I);

 

(vii) The maximum percent of sodium chloride (NaCl);

 

(viii) The specific generic name of each ingredient used in itsmanufacture.

 

(d) The crude protein, crude fat, crude fiber, vitamins andminerals shall be determined by the methods in force at the time by the Associationof Official Analytical Chemists.

 

11-13-104. Powers and duties of director generally.

 

 

(a) The director shall enforce the provisions of this chapterand may prescribe the form of tags, stamps or labels to be used to show thatthe registration has been properly filed. The director may prescribe andenforce rules and regulations relating to the sale of commercial feed he deemsnecessary and may adopt such standards and definitions to carry into effect thefull intent and meaning of the law.

 

(b) The director may refuse to register any commercial feedunder a name, brand or trademark which would tend to mislead or deceive as tothe materials of which it is composed, or when the specific name of eachingredient used in its manufacture is not stated except for those feeds thatutilize collective terms in the labeling. He may refuse registration of anyapplication not in compliance with the law and may cancel any registrationsubsequently found not to be in compliance with the law. No registration shallbe refused or cancelled until the registrant has been given opportunity to beheard before the director and to amend his application in order to bring itinto compliance.

 

(c) An applicant may appeal the refusal to register a productin accordance with the Wyoming Administrative Procedure Act.

 

11-13-105. Registration; fees; disposition thereof.

 

 

(a) Each commercial feed except custom formula feeds shall beregistered before being distributed in this state. The application forregistration shall be submitted on forms furnished by the director, and if thedirector requests, shall also be accompanied by a label or other printed matterdescribing the product. Upon approval by the director or his agent, a copy ofthe registration shall be furnished to the applicant. All registrations areeffective from the date of approval and expire on December 31 each year. Thedirector may permit on the registration the alternative listing of ingredientsof comparable feed value, but the label for each package shall state thespecific ingredients in the package except for those feeds which utilizecollective terms in the labeling.

 

(b) A distributor is not required to register any brand ofcommercial feed which is already registered under this act by another person.

 

(c) Changes in the chemical or ingredient composition of aregistered commercial feed may be permitted if there is satisfactory evidencethat such changes do not result in lowering the feed value of the product forthe purpose for which designed.

 

(d) Each application for registration shall be accompanied witha twenty dollar ($20.00) registration fee per mixture or formula. Theregistration fee shall be deposited in the state general fund.

 

11-13-106. Right of access to establishments and information relatingto manufacturing; sampling and analysis.

 

 

(a) The director or his agent shall have access during normalbusiness hours to establishments or facilities in which commercial feed ismanufactured, transported or held for distribution, and to information relatingto manufacture, transportation or distribution of the feed for purposes ofsampling and inspection.

 

(b) The methods of sampling and analysis shall be those adoptedby the director from the Association of Official Analytical Chemists. In cases not covered by such methods, or in cases wheremethods are available in which improved applicability has been demonstrated,the director may adopt such appropriate methods from other sources. The director, in determining whether a commercial feed is deficientin any component, shall be guided solely by the official sample analyzed inaccordance with the methods so adopted. A deficiency in an officialsample of commercial feed resulting from nonuniformity during packaging isdeemed to be a deficiency for the purposes of this act. For purposes of thisact, the results of official analysis shall be final, unless it is determinedby the director that a resample is warranted. If a distributor or registrantrequests a resample of a commercial feed based upon the director's findings ofa deficiency, all costs associated with the resampling and analysis shall beborne by the distributor or registrant. If the results of the resamplingestablish the result of the first analysis was invalid, the department shall bearthe costs associated with the resampling. Any requests for a resample to thedirector shall be made in writing.

 

 

 

(c) When the inspection and analysis of an official sampleindicates a commercial feed has been adulterated or misbranded, the results ofanalysis shall be forwarded by the director to the distributor and thepurchaser. The following shall apply:

 

(i) A commercial feed shall be deemed to be misbranded if:

 

(A) Its labeling is false or misleading in any particular;

 

(B) It is distributed under the name of another commercialfeed;

 

(C) It is not labeled as required in W.S. 11-13-103;

 

(D) It purports to be or is represented as a commercial feed orif it purports to contain or is represented as containing a commercial feedunless such feed conforms to the definition outlined by the officialpublication of the Association of American Feed Control Officials, except asthe director designates otherwise in specific cases;

 

(E) Any word, statement or other information required by orunder the authority of this act does not appear conspicuously on the label, andin such terms that the ordinary person under customary conditions of purchaseand use would not understand;

 

(F) The commercial feed is short weight. All provisions forenforcement of items found to be short weight shall be administered by thedepartment under W.S. 40-10-117 through 40-10-136 of the Wyoming weights andmeasures law.

 

(ii) A commercial feed shall be deemed to be adulterated if:

 

(A) It bears or contains any poisonous or deleterious substancewhich may render it injurious to health, but in case the substance is not anadded substance, such commercial feeds shall not be considered adulteratedunder this subsection if the quantity of such substance does not ordinarily renderit injurious to health;

 

(B) It contains an unapproved food and drug administrationdrug, medication or animal remedy;

 

(C) Any valuable constituent has been in whole or in partomitted or abstracted therefrom or any less valuable substance substitutedtherefor;

 

(D) It contains any prohibited noxious weed seeds or exceedsthe tolerance established on restricted noxious weed seeds pursuant to W.S.11-12-104 or exceeds two percent (2%) of viable common weed seeds by weight.

 

11-13-107. Warning to distributor; seizure and order of disposition;application for release.

 

 

(a) When the director or his authorized agents find that anarticle is unregistered, mislabeled or misbranded, adulterated or that it doesnot conform to its label guarantee, he may issue a written statement warningthe distributor that the article is considered to be in violation of the law.This statement is a warning only, to the distributor that if the article isdistributed further the director may bring proceedings. If the distributor ormanufacturer heeds the warning and corrects the violation within the timeallowed by the director, no further action will be taken.

 

(b) Any lot of commercial feed not in compliance withrequirements of law and regulations is subject to seizure on complaint of thedirector to a court of competent jurisdiction in the area in which thecommercial feed is located. If the court finds the commercial feed in violationand orders the condemnation of the feed, it shall be disposed of in any mannerconsistent with the quality of the commercial feed and the laws of the state.In no instance shall the disposition of the commercial feed be ordered by thecourt without first giving the claimant an opportunity to apply to the courtfor release of the feed or for permission to process or relabel the feed tobring it into compliance with the law.

 

11-13-108. Prohibited acts; penalty; additional sanctions.

 

 

(a) It is unlawful for any person to:

 

(i) Sell or distribute in this state any commercial feedwithout having attached or furnished such stamps, labels or tags as required bylaw;

 

(ii) Impede, prevent or attempt to prevent the director or hisagent in the performance of his lawful duties;

 

(iii) Sell, offer for sale or distribute in this state any commercialfeed without complying with the requirements of law;

 

(iv) Sell or distribute in this state any commercial feed whichcontains a smaller percentage of crude protein or crude fat or a largerpercentage of crude fiber than is certified to be contained therein;

 

 

 

(v) Fail to properly state the specific name of each ingredientused in its manufacture except for those feeds which utilize collective termsin the labeling; or

 

(vi) Sell or distribute in this state any commercial feed whichhas not been registered with the department as required by this act.

 

(b) Any person who violates any of the provisions of thissection shall be fined not more than one hundred dollars ($100.00) for thefirst violation and not less than one hundred dollars ($100.00) for eachsubsequent violation.

 

(c) In addition to the penalty provided in subsection (b) ofthis section, the distribution of any commercial feed mixed or adulterated withany substance injurious to livestock or pets is subject to seizure,condemnation and sale as the court may direct, the proceeds from such sale tobe deposited in the state general fund. The court may in its discretion releasethe feed seized when the requirements of law have been complied with, and uponpayment of all costs and expenses incurred by the state in any proceedingsconnected with the seizure.

 

11-13-109. Promulgation of rules and regulations.

 

Thedirector is authorized to promulgate such rules and regulations for commercialfeeds as may be necessary for the efficient enforcement of this act. Procedures for promulgation shall be those outlined in the WyomingAdministrative Procedure Act.

 

11-13-110. Cooperation with other entities.

 

Thedirector may cooperate with and enter into agreements with governmentalagencies of this state, other states and agencies of the federal government inorder to carry out the purpose and provisions of this act.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title11 > Chapter13

CHAPTER 13 - COMMERCIAL FEED

 

11-13-101. Short title.

 

Thisact may be cited as the "Wyoming Commercial Feed Law."

 

11-13-102. Definitions; exemptions.

 

 

(a) As used in this act:

 

(i) "Association of America Feed Control Officials(AAFCO)" means officials of any state, dominion, federal or othergovernmental agency in North America, and employees thereof charged with theresponsibility of enforcing laws regulating the production, labeling,distribution or sale of animal feeds;

 

(ii) "Association of Official Analytical Chemists(AOAC)" means government and industry officials charged with developinganalytical methods and the collaborative testing of those methods, validatingdata and accepting or rejecting those methods for use;

 

(iii) "Brand name" means any word, name, symbol, deviceor any combination thereof identifying the commercial feed of a distributor orregistrant and distinguishing it from that of others;

 

(iv) "Commercial feed" means all liquid or solidmaterials or combination of materials,including custom formula feed, medicated feed and mineral feed, which are distributed or intended for distribution for use as feed or formixing in feed for animals other than man except the following:

 

(A) Unmixed seed, whole or processed, made directly from theentire seed, or unmixed or unprocessed whole seeds;

 

(B) Raw meat, hay, straw, stover, silage, cobs, husks, hullsand individual chemical compounds or substances when such commodities,compounds or substances are not intermixed with other materials, and are notadulterated within the meaning of W.S. 11-13-106(c)(ii).

 

(v) "Contract feeder" means a person who as anindependent contractor, feeds commercial feed to animals pursuant to a contractwhereby the commercial feed is supplied, furnished or otherwise provided to theperson and whereby the person's remuneration is determined all or in part byfeed consumption, mortality, profits or amount or quality of product;

 

(vi) "Custom formula feed" means commercial feed whichconsists of a mixture of commercial feeds or feed ingredients each batch ofwhich is manufactured according to the specific instructions of the finalpurchaser;

 

(vii) "Department" means the state department ofagriculture;

 

(viii) "Director" means the director of the departmentof agriculture;

 

(ix) "Distribute" means to offer for sale, sell, exchangeor barter commercial feed or to supply, furnish or otherwise provide commercialfeed;

 

(x) "Distributor" means any person who distributes;

 

(xi) "Drug" means any article intended for use in thediagnosis, cure, mitigation, treatment or prevention of disease in animalsother than man and articles other than feed intended to affect the structure orany function of the animal body;

 

(xii) "Feed" means commercial feed, pet food andspecialty pet food;

 

(xiii) "Feed ingredient" means each of the constituentmaterials making up a commercial feed;

 

(xiv) "Label" means a display of written, printed orgraphic matter upon or affixed to the container in which a commercial feed isdistributed, or on the invoice or delivery slip with which a commercial feed orcustom formula feed is distributed;

 

(xv) "Labeling" means all labels and other written,printed or graphic matter upon a commercial feed, any of its containers orwrappers, or accompanying such commercial feed;

 

(xvi) "Manufacture" means to grind, mix or blend, orfurther process a commercial feed for distribution;

 

(xvii) "Medicated feed" means any commercial feed whichcontains drug ingredients intended for the cure, mitigation, treatment orprevention of diseases of animals, or which contains drug ingredients intendedto affect the structure or any function of the body of animals;

 

(xviii) "Mineral feed or mixture" means a commercial feeddesigned or intended to supply primarily mineral elements or inorganicnutrients;

 

(xix) "Official sample" means any sample of feed takenby and designated as official by the director or his agent;

 

(xx) "Percent" or "percentage" meanspercentage by weight;

 

(xxi) "Pet" means any domesticated animal normallymaintained in or near the household of the owner thereof;

 

(xxii) "Pet food" means any commercial feed prepared anddistributed for consumption by pets;

 

(xxiii) "Product name" means the name of the commercialfeed which identifies it as to kind, class or specific use;

 

(xxiv) "Specialty pet" means any domesticated animal petnormally maintained in a cage or tank, such as, but not limited to, gerbils,hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish,snakes and turtles;

 

(xxv) "Specialty pet food" means any commercial feedprepared and distributed for consumption by a specialty pet;

 

(xxvi) "Ton" means a net weight of two thousand (2,000)pounds avoirdupois;

 

(xxvii) "This act" means W.S. 11-13-101 through11-13-110.

 

(b) The names and definitions for commercial feeds shall be theofficial definition of feed ingredients adopted by the Association of AmericanFeed Control Officials (AAFCO) and the director, except as he designatesotherwise in specific cases, or as specified in this section.

 

(c) The terms used in reference to commercial feeds shall bethe official feed terms adopted by the Association of American Feed ControlOfficials and the director, except as he designates otherwise in specific casesor as specified in this section.

 

(d) Individual chemical compounds and substances are herebydeclared exempt from the definition of "commercial feed" under theprovisions of this act. The director may exempt a product from the provisionsof this act if he finds that the product meets the following criteria:

 

(i) There is an adopted Association of American Feed ControlOfficials definition for the product;

 

(ii) The product is either generally recognized as safe or isnot covered by a specific food and drug administration regulation;

 

(iii) The product is either a natural occurring product ofrelatively uniform chemical composition or is manufactured to meet theAssociation of American Feed Control Officials definition of the product;

 

(iv) The use of the product in the feed industry constitutes aminor portion of its total industrial use;

 

(v) Small quantities of additives, which are intended to impartspecial desirable characteristics shall be permitted; and

 

(vi) There is no need or problem of control of this product.

 

(e) Nothing in this act shall apply to any contract feeder asdefined by this act.

 

11-13-103. Labels.

 

 

(a) Every lot, package or parcel of commercial feed sold,offered for sale or distributed within this state shall have a tag or labelaffixed in a conspicuous place on the outside, containing a legible printedstatement clearly and truly certifying:

 

(i) The product name and the brand name, if any, under whichthe commercial feed is distributed;

 

(ii) A purpose statement which shall contain the specificspecies and animal class for which the feed is intended. The manufacturershall have flexibility in describing in more specific common language thedefined animal class, specie and purpose while being consistent with thecategory of animal class, which may include but not be limited to the weightrange, sex or ages of the animals for which the feed is manufactured. Thepurpose statement may be excluded from the label if the product name includes adescription of the species and animal class for which the product is intended;

 

(iii) The guaranteed analysis stated in such terms that willadvise the user of the composition of the feed or to support claims made in thelabeling. In all cases the substances or elements must be determinable bylaboratory methods. The guaranteed analysis shall contain the followinginformation:

 

(A) The minimum percent of crude protein;

 

(B) The percent of added approved synthetic nitrogen sourcesreported as protein, for ruminant feeding only;

 

(C) The minimum percent of crude fat;

 

(D) The maximum percent of crude fiber;

 

(E) The vitamin content as listed;

 

(F) The month and year of preparation or lot number, alllegibly printed;

 

(G) The maximum percent of water in the caseof liquid commercial feeds; and

 

(H) Othersubstances or elements, determinable by laboratory methods, guaranteed bypermission of the director.

 

(iv) The common or usual name of each ingredient used in themanufacture of commercial feed. The name of each ingredient shall be defined inthe official publication of the Association of American Feed Control Officials,common or usual name, or one (1) approved by the director. The use of acollective term for a group of ingredients which perform a similar functionshall be permitted. Collective terms for grouping of feed ingredients asdefined in the official definitions of feed ingredients published in theofficial publication of the Association of American Feed Control Officials inlieu of the individual ingredients may be used provided that:

 

(A) When a collective term for a group of ingredients is usedon the label, individual ingredients within that group shall not be listed onthe label; and

 

(B) The manufacturer shall provide the department, uponrequest, with a list of individual ingredients, within a defined group, that areor have been used at manufacturing facilities distributing in or into thisstate.

 

(v) Directions for use and any warning or precautionstatements;

 

(vi) The name and principal address of the manufacturer orperson responsible for distributing the commercial feed;

 

(vii) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(viii) For medicated feeds:

 

(A) The word "medicated" shall appear directly belowthe product name;

 

(B) The guaranteed analysis of the drug or medication used,expressed in terms respective to the type of drug or medication used; and

 

(C) A claim statement shall be included in the labeling.

 

(b) A custom formula feed shall be accompanied by a label,invoice, delivery slip or other shipping document and be supplied to thepurchaser at the time of delivery bearing the following information:

 

(i) Name and address of the manufacturer;

 

(ii) Name and address of the purchaser;

 

(iii) Date of sale or delivery;

 

(iv) The custom formula feed name, product name and brand name,if any, and number of pounds of each registered commercial feed used in themixture and the name and number of pounds of each other feed ingredient added;

 

(v) The net weight of the contents of the package, lot orparcel, stated in the required avoirdupois; and

 

(vi) The directions for use and any precautionary statements forall custom formula feeds containing drugs and for such other feeds as necessaryfor their safe and effective use. Any custom formula feeds containing drugs ormedications shall also be provided as outlined in subsection (a) of thissection with a claim statement and the guaranteed analysis of the drug ormedication used, expressed in terms respective to the type of drug ormedication used. Should any custom formula feed be distributed to any otherperson than the final purchaser for whom the feed was made, it shall beconsidered a commercial feed and shall meet all labeling and registrationrequirements of a commercial feed as outlined in this act.

 

(c) Every lot, package or parcel of mineral mixtures sold,offered for sale or distributed as commercial feed within this state shall havea tag or label affixed in a conspicuous place on the outside containing alegible printed statement truly certifying:

 

(i) The net weight of the contents of the package, lot orparcel stated in the required avoirdupois;

 

(ii) The product name and brand name, if any, under which themineral mixture is distributed;

 

(iii) The name and principal mailing address of the manufactureror person responsible for distributing the mineral mixture;

 

(iv) The minimum and maximum percent of calcium (Ca) subject tothe following limitations:

 

(A) The maximum percent of calcium shall not exceed by morethan twenty percent (20%) the minimum percent of calcium unless the minimumpercent of calcium is five percent (5%) or less, in which case the maximumpercent of calcium may exceed the minimum by one percent (1%) of calcium; and

 

(B) Where limestone is used as a source of calcium in livestockminerals sold in Wyoming, no limestone shall be used which contains less thanninety percent (90%) of calcium carbonate (CaCO3).

 

(v) The minimum percent of phosphorus (P);

 

(vi) The minimum percent of iodine (I);

 

(vii) The maximum percent of sodium chloride (NaCl);

 

(viii) The specific generic name of each ingredient used in itsmanufacture.

 

(d) The crude protein, crude fat, crude fiber, vitamins andminerals shall be determined by the methods in force at the time by the Associationof Official Analytical Chemists.

 

11-13-104. Powers and duties of director generally.

 

 

(a) The director shall enforce the provisions of this chapterand may prescribe the form of tags, stamps or labels to be used to show thatthe registration has been properly filed. The director may prescribe andenforce rules and regulations relating to the sale of commercial feed he deemsnecessary and may adopt such standards and definitions to carry into effect thefull intent and meaning of the law.

 

(b) The director may refuse to register any commercial feedunder a name, brand or trademark which would tend to mislead or deceive as tothe materials of which it is composed, or when the specific name of eachingredient used in its manufacture is not stated except for those feeds thatutilize collective terms in the labeling. He may refuse registration of anyapplication not in compliance with the law and may cancel any registrationsubsequently found not to be in compliance with the law. No registration shallbe refused or cancelled until the registrant has been given opportunity to beheard before the director and to amend his application in order to bring itinto compliance.

 

(c) An applicant may appeal the refusal to register a productin accordance with the Wyoming Administrative Procedure Act.

 

11-13-105. Registration; fees; disposition thereof.

 

 

(a) Each commercial feed except custom formula feeds shall beregistered before being distributed in this state. The application forregistration shall be submitted on forms furnished by the director, and if thedirector requests, shall also be accompanied by a label or other printed matterdescribing the product. Upon approval by the director or his agent, a copy ofthe registration shall be furnished to the applicant. All registrations areeffective from the date of approval and expire on December 31 each year. Thedirector may permit on the registration the alternative listing of ingredientsof comparable feed value, but the label for each package shall state thespecific ingredients in the package except for those feeds which utilizecollective terms in the labeling.

 

(b) A distributor is not required to register any brand ofcommercial feed which is already registered under this act by another person.

 

(c) Changes in the chemical or ingredient composition of aregistered commercial feed may be permitted if there is satisfactory evidencethat such changes do not result in lowering the feed value of the product forthe purpose for which designed.

 

(d) Each application for registration shall be accompanied witha twenty dollar ($20.00) registration fee per mixture or formula. Theregistration fee shall be deposited in the state general fund.

 

11-13-106. Right of access to establishments and information relatingto manufacturing; sampling and analysis.

 

 

(a) The director or his agent shall have access during normalbusiness hours to establishments or facilities in which commercial feed ismanufactured, transported or held for distribution, and to information relatingto manufacture, transportation or distribution of the feed for purposes ofsampling and inspection.

 

(b) The methods of sampling and analysis shall be those adoptedby the director from the Association of Official Analytical Chemists. In cases not covered by such methods, or in cases wheremethods are available in which improved applicability has been demonstrated,the director may adopt such appropriate methods from other sources. The director, in determining whether a commercial feed is deficientin any component, shall be guided solely by the official sample analyzed inaccordance with the methods so adopted. A deficiency in an officialsample of commercial feed resulting from nonuniformity during packaging isdeemed to be a deficiency for the purposes of this act. For purposes of thisact, the results of official analysis shall be final, unless it is determinedby the director that a resample is warranted. If a distributor or registrantrequests a resample of a commercial feed based upon the director's findings ofa deficiency, all costs associated with the resampling and analysis shall beborne by the distributor or registrant. If the results of the resamplingestablish the result of the first analysis was invalid, the department shall bearthe costs associated with the resampling. Any requests for a resample to thedirector shall be made in writing.

 

 

 

(c) When the inspection and analysis of an official sampleindicates a commercial feed has been adulterated or misbranded, the results ofanalysis shall be forwarded by the director to the distributor and thepurchaser. The following shall apply:

 

(i) A commercial feed shall be deemed to be misbranded if:

 

(A) Its labeling is false or misleading in any particular;

 

(B) It is distributed under the name of another commercialfeed;

 

(C) It is not labeled as required in W.S. 11-13-103;

 

(D) It purports to be or is represented as a commercial feed orif it purports to contain or is represented as containing a commercial feedunless such feed conforms to the definition outlined by the officialpublication of the Association of American Feed Control Officials, except asthe director designates otherwise in specific cases;

 

(E) Any word, statement or other information required by orunder the authority of this act does not appear conspicuously on the label, andin such terms that the ordinary person under customary conditions of purchaseand use would not understand;

 

(F) The commercial feed is short weight. All provisions forenforcement of items found to be short weight shall be administered by thedepartment under W.S. 40-10-117 through 40-10-136 of the Wyoming weights andmeasures law.

 

(ii) A commercial feed shall be deemed to be adulterated if:

 

(A) It bears or contains any poisonous or deleterious substancewhich may render it injurious to health, but in case the substance is not anadded substance, such commercial feeds shall not be considered adulteratedunder this subsection if the quantity of such substance does not ordinarily renderit injurious to health;

 

(B) It contains an unapproved food and drug administrationdrug, medication or animal remedy;

 

(C) Any valuable constituent has been in whole or in partomitted or abstracted therefrom or any less valuable substance substitutedtherefor;

 

(D) It contains any prohibited noxious weed seeds or exceedsthe tolerance established on restricted noxious weed seeds pursuant to W.S.11-12-104 or exceeds two percent (2%) of viable common weed seeds by weight.

 

11-13-107. Warning to distributor; seizure and order of disposition;application for release.

 

 

(a) When the director or his authorized agents find that anarticle is unregistered, mislabeled or misbranded, adulterated or that it doesnot conform to its label guarantee, he may issue a written statement warningthe distributor that the article is considered to be in violation of the law.This statement is a warning only, to the distributor that if the article isdistributed further the director may bring proceedings. If the distributor ormanufacturer heeds the warning and corrects the violation within the timeallowed by the director, no further action will be taken.

 

(b) Any lot of commercial feed not in compliance withrequirements of law and regulations is subject to seizure on complaint of thedirector to a court of competent jurisdiction in the area in which thecommercial feed is located. If the court finds the commercial feed in violationand orders the condemnation of the feed, it shall be disposed of in any mannerconsistent with the quality of the commercial feed and the laws of the state.In no instance shall the disposition of the commercial feed be ordered by thecourt without first giving the claimant an opportunity to apply to the courtfor release of the feed or for permission to process or relabel the feed tobring it into compliance with the law.

 

11-13-108. Prohibited acts; penalty; additional sanctions.

 

 

(a) It is unlawful for any person to:

 

(i) Sell or distribute in this state any commercial feedwithout having attached or furnished such stamps, labels or tags as required bylaw;

 

(ii) Impede, prevent or attempt to prevent the director or hisagent in the performance of his lawful duties;

 

(iii) Sell, offer for sale or distribute in this state any commercialfeed without complying with the requirements of law;

 

(iv) Sell or distribute in this state any commercial feed whichcontains a smaller percentage of crude protein or crude fat or a largerpercentage of crude fiber than is certified to be contained therein;

 

 

 

(v) Fail to properly state the specific name of each ingredientused in its manufacture except for those feeds which utilize collective termsin the labeling; or

 

(vi) Sell or distribute in this state any commercial feed whichhas not been registered with the department as required by this act.

 

(b) Any person who violates any of the provisions of thissection shall be fined not more than one hundred dollars ($100.00) for thefirst violation and not less than one hundred dollars ($100.00) for eachsubsequent violation.

 

(c) In addition to the penalty provided in subsection (b) ofthis section, the distribution of any commercial feed mixed or adulterated withany substance injurious to livestock or pets is subject to seizure,condemnation and sale as the court may direct, the proceeds from such sale tobe deposited in the state general fund. The court may in its discretion releasethe feed seized when the requirements of law have been complied with, and uponpayment of all costs and expenses incurred by the state in any proceedingsconnected with the seizure.

 

11-13-109. Promulgation of rules and regulations.

 

Thedirector is authorized to promulgate such rules and regulations for commercialfeeds as may be necessary for the efficient enforcement of this act. Procedures for promulgation shall be those outlined in the WyomingAdministrative Procedure Act.

 

11-13-110. Cooperation with other entities.

 

Thedirector may cooperate with and enter into agreements with governmentalagencies of this state, other states and agencies of the federal government inorder to carry out the purpose and provisions of this act.

 

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