W. Va. Code R. § 61-5-8 - Expression of Guarantees

8.1. The guarantees for crude protein, equivalent crude protein from non-protein nitrogen, lysine, methionine, other amino acids, crude fat, crude fiber and other fiber indicators shall be in terms of percentage.

8.2. Mineral Guarantees shall be included as part of the label;

8.2.a. When calcium, salt, and sodium guarantees are given in the guaranteed analysis they shall be stated and conform to the following:

8.2.a.1. When the minimum is below 2.5%, the maximum shall not exceed the minimum by more than 0.5 percentage point;

8.2.a.2. When the minimum is 2.5 % but less than 5.0%, the maximum shall not exceed the minimum by more than one percentage point; and

8.2.a.3. 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.

8.2.b. When stated, guarantees for minimum and maximum total sodium and salt, minimum potassium, magnesium, sulfur, phosphorus and maximum fluorine 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.

8.2.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.

8.3. Guarantees for minimum vitamin content of commercial feeds shall be listed in the order specified and shall be stated in mg/lb or in units consistent with those employed for the quantity statement unless otherwise specified:

8.3.a. Vitamin A, other than precursors of vitamin A, in International Units per pound;

8.3.b. Vitamins D-3 in products offered for poultry feeding, in International Chick units per pound;

8.3.c. Vitamin D for other uses, in International Units per pound;

8.3.d. Vitamin E, in International Units per pound;

8.3.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; and

8.3.f. Vitamin B-12, in milligrams or micrograms per pound.

8.3.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.

8.3.h. Products labeled with a quantity statement (e.g., tablets, capsules, granules, or liquid) may state vitamin guarantees in milligrams per unit (e.g., tablets, capsules, granules, or liquids) consistent with the quantity statement and directions for use.

8.4. Guarantees for drugs shall be stated in terms of percent by weight, except:

8.4.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;

8.4.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;

8.4.c. Labels for commercial feeds containing growth promotion and /or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specially noted in the Federal Food Additive regulations for certain antibiotics, for which quantitative guarantees are required regardless of the level or purpose of the antibiotic; and

8.4.d. 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.

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

8.5.a. For ruminants:

8.5.a.1. 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).

8.5.a.2. 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, _________%

8.5.a.3. Ingredient sources of non-protein such as Urea, Diammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows:

Nitrogen, minimum, ________%

Equivalent Crude Protein from Non-Protein Nitrogen, minimum, ________%

8.5.b. For non-ruminants:

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

Crude protein, minimum _________%

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

8.5.b.2. 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, shall contain adequate directions for use and a prominent statement:

WARNING: This feed must be used only in accordance with directions furnished on the label.

8.6. Mineral phosphatic 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.

8.7. 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, or CFU per product unit (e.g., tablets, capsules, liquids) consistent with directions for use and the quantity statement. A parenthetical statement following the guarantee shall list each species in order of predominance.

8.8. Guarantee for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions, or Units of enzymatic activity per product unit (e.g., tablets, capsules) consistent with the directions for use and the quantity statement. 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 or more sources have the same type of activity, they shall be listed in order of predominance based on the amount of enzymatic activity provided.

8.9. Guarantees for dietary starch, sugars, and fructans for Commercial Feeds, other than customer-formula feed, Pet Food, and Specialty Pet Food Products:

8.9.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:

8.9.a.1. Guarantees for maximum percentage of dietary starch and maximum percentage sugars, in the Guaranteed Analysis section immediately following the last fiber guarantee.

8.9.a.2. A maximum percentage guarantee for fructans immediately following sugars, if the feed contains forage products.

8.9.b. When guarantees for dietary starch, sugars, or fructans for commercial feeds appear on the label, 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.

Notes

W. Va. Code R. § 61-5-8