TITLE 2. AGRICULTURE

BOARD OF AGRICULTURE AND CONSUMER SERVICES

REGISTRAR’S NOTICE: The Board of Agriculture and Consumer Services is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Board of Agriculture and Consumer Services will receive, consider and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Final Regulation

Title of Regulation: 2VAC5-360. Regulations for the Enforcement of the Virginia Commercial Feed Act (amending 2VAC5-360-10, 2VAC5-360-50).

Statutory Authority: § 3.2-4801 of the Code of Virginia.

Effective Date: March 4, 2009.

Agency Contact: Robert E. Bailey, Program Manager, Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-1274, FAX (804) 786-1571, TTY (800) 828-1120, or email robert.bailey@vdacs.virginia.gov.

Summary:

The amendments update citations to reflect the recodification of Title 3.1 to Title 3.2 of the Code of Virginia, which became effective October 1, 2008.

2VAC5-360-10. Definitions.

A. Words used in the singular form in this chapter shall include the plural, and vice versa, as appropriate.

B. All terms used in this chapter shall have the meaning set forth for such in the Act. In addition, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means Chapter 28.1 48 (§ 3.1-828.1 3.2-4800 et seq.) of Title 3.1 3.2 of the Code of Virginia, hereinafter known as the Virginia Commercial Feed Act.

"Animal" means any animate being which is not human.

"Adulteration" means a commercial feed is adulterated if:

1. Enough of any harmful or non-nutritive ingredient has been added to endanger animal health when used according to labeling directions.

2. Any part of an essential component has been omitted, removed, or replaced with an inferior substance.

3. The composition or quality of the feed fails to conform to its representation in the labeling.

4. It was prepared or held under unsanitary conditions.

5. It contains any filthy, putrid, decomposed, tainted, unsound or unwholesome substance.

6. Its container is composed of any substance which may cause the feed to endanger animal health.

"Board" means the Virginia Board of Agriculture and Consumer Services.

"Brand" means the term, design, or trademark and other specific designation under which an individual commercial feed is distributed in Virginia.

"Canned animal food" means all materials packed in any airtight container with a moisture content of 70% or more which are distributed for use as food for animals other than humans.

"Commercial feed" means all mixed or unmixed feed including concentrates, supplements, molasses, minerals, mineral mixtures, and all other materials used for their nutritional or physical properties for feeding to animals except those materials exempted by the Act.

"Commissioner" means the Virginia Commissioner of Agriculture and Consumer Services or his delegated assistant or agent.

"Distribute" means to offer or expose for sale, sell, warehouse, exchange, barter, furnish or otherwise supply.

"Distributor" means a person who distributes commercial feeds.

"Feed ingredient" means each of the constituent materials making up a commercial feed.

"Inert mineral matter" means mineral matter that has no nutritional value.

"Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed. The invoice or delivery slip with which a commercial feed is distributed in bulk is the label.

"Labeling" means any written, printed, graphic, electronic, or advertising information pertaining to the commercial feed which is:

1. On the commercial feed or any of its containers,

2. On the invoice or delivery slip,

3. Accompanying the commercial feed at any time, or

4. Otherwise provided to the consumer.

"Medicated feed" means a product obtained by mixing a drug, as defined in § 3.1-828.2 3.2-4800 of the Code of Virginia, and a commercial feed. It is subject to all provisions of the Virginia Commercial Feed Act.

"Misbranding" means a commercial feed is misbranded if:

1. The label does not include:

a. The name and principal address of the manufacturer, distributor, or person responsible for placing the commercial feed on the market.

b. The name, brand or trademark under which the commercial feed is sold.

c. An accurate quantity statement of the contents.

d. An accurate statement of the minimum percentage of crude protein.

e. An accurate statement of the minimum percentage of crude fat.

f. An accurate statement of the maximum percentage of crude fiber.

g. An accurate statement of the maximum percentage of moisture for all dog and cat foods.

h. The English name of each ingredient or conform to the requirements of 2VAC5-360-40.

i. Adequate warnings against use under normal or pathological conditions where its use may endanger animal health, or against unsafe use or application as necessary for the protection of animals.

2. Labeling is false or misleading in any particular.

3. It is distributed under the name of another commercial feed.

4. Its container is so made, formed or filled as to be deceptive or misleading as to the amount of contents.

5. Its labeling bears any reference to registration or license under the Act.

6. It is represented as containing a feed ingredient, unless such feed ingredient conforms to the definition prescribed by regulation of the board.

7. Any word, statement or other information required by the Act is not prominently placed upon the label so conspicuously (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to make it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

"Official sample" means any sample of feed taken by the commissioner and designated as "Official" by the commissioner.

"Person" means an individual, partnership, association, corporation, firm, agent or authorized group of individuals whether incorporated or not.

"Prohibited noxious-weed seeds" means the seeds of perennial weeds which not only reproduce by seed but which also spread by underground roots and stems; and which, when established, are highly destructive and are not controlled in the Commonwealth by commonly used cultural practices. These include but are not limited to the seeds of Balloonvine-Cardiospermum halicacabum, Field bindweed-Convolulus arvensis, Quackgrass-Agropyron repends, Canada thistle-Cirsium arvense, Johnson grass-Sorghum spp., perennial, Plumeless thistle, which includes Musk thistle and Curled thistle Carduus spp., Serrated tussock-Nassella trichotoma, and Sicklepod-Senna obtusifolia.

"Restricted noxious-weed seeds" means the seeds of weeds which are very objectionable in fields, lawns and gardens in this Commonwealth and are difficult to control by commonly used cultural practices. These include but are not limited to seeds of Dodder Cuscuta spp., Bermudagrass Cynodon dactylon, Wild onion bulblets, Wild garlic bulblets Allium spp., Wild mustardBrassica spp., Giant foxtail-Setaia faberia, radish-Raphanus, and Annual bluegrass-Poa annua.

"Sell" means sales, barter, or exchange.

"Ton" means a net weight of 2,000 pounds, avoirdupois.

2VAC5-360-50. Labeling.

A. The information required in § 3.1-828.5 3.2-4806 of the Code of Virginia, with the exception of the quantity statement, shall appear in its entirety on one side of a label or on one side of the container. However, in case a tag is used, the directions for use and warnings against misuse may appear on the other side of the tag.

B. When ingredients are listed, the names of all feed ingredients shall be shown in letters or type of the same size.

C. When feeds carry label information in more than one position on the container, there shall be no variance with respect to name, ingredients, or guaranteed composition.

D. The term "degermed" must precede the name of any product from which the germ has been wholly or partially removed.

E. All printed or written information attached to or packed with feed must conform in all respects to the information printed on the principal label.

F. Labeling which implies that added enzyme-bearing materials improve the utilization of a product is prohibited unless the claims are substantiated by scientific evidence.

G. The term "Bond Phosphate of Lime," "Bone Phosphate of Lime (BPL)," or "BPL" shall not be used in connection with the labeling of feed ingredients.

H. The label of a commercial feed, other than an individual ingredient or supplement with directions for further mixing, shall designate the species and may designate the animal class for which the feed is intended. For the purpose of this subsection, animal class may include, but is not limited to, weight range, sex, or age of the animal for which the feed is manufactured.

VA.R. Doc. No. R09-1707; Filed January 13, 2009, 11:24 a.m.