N.M. Admin. Code § 21.18.3.9

Current through Register Vol. 35, No. 21, November 5, 2024

Section 21.18.3.9 - LABEL INFORMATION

Commercial feed, other than customer-formula feed, shall be labeled with the information prescribed in this regulation.

A. Product name and brand name, if any.

(1) 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.

(2) Commercial, registered brand, or trade names are not permitted in guarantees or ingredient listings and only in the product name of feeds produced by or for the firm holding the rights to such a name.

(3) 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 may be used as a part of the brand name or product name if the ingredients or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

(4) The word "protein" shall not be permitted in the product name of a feed that contains added non-protein nitrogen.

(5) When the name carries a percentage value, it shall be understood to signify protein or equivalent protein content only, even though it may not explicitly modify the percentage with the word "protein": provided that 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.

(6) 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.

(7) 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 Subsection C of 21.18.3.10 NMAC.

(8) The term "mineralized" 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.

(9) 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 by-products are made from cattle, swine, sheep and goats.

(10) If the commercial feed consists of raw milk, the words "Raw (blank) Milk" shall appear conspicuously on the principal display panel. (Blank is to be completed by using the species of animal from which the raw milk is collected.)

B. If a drug is used:

(1) The word "medicated" shall appear directly following and below the product name in type size no smaller than one-half the type size of the product name.

(2) Purpose statement as required in Subsection C of 21.18.3.9 NMAC.

(3) The purpose of medication (claim statement).

(4) An active ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with Subsection D of 21.18.3.10 NMAC.

C. Purpose statement:

(1) The statement of purpose shall contain the specific species and animal class(es) for which the feed is intended as defined in Subsection D of 21.18.3.9 NMAC.

(2) 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 Subsection D of 21.18.3.9 NMAC which may include, but is not limited to, weight range(s), sex, or ages of the animal(s) for which the feed is manufactured.

(3) The purpose statement may be excluded from the label if the product name includes a description of the species and animal class(es) for which the product is intended.

(4) 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 of the premix. (This section applicable to commercial feeds regulated under (x) of Subparagraph (b) of Paragraph (11) of Subsection D of 21.18.3.9 NMAC.

(5) 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. (This section applicable to commercial feeds regulated under (x) of Subparagraph (b) of Paragraph (11) of Subsection D of 21.18.3.9 NMAC.)

(6) The purpose statement of a product shall include a statement of enzyme functionality if enzymatic activity is represented in any manner.

D. Guarantees - crude protein, equivalent crude protein from non-protein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, calcium, phosphorus, salt, and sodium shall be the sequence of nutritional guarantees when such guarantee is stated. Other required and voluntary guarantees should follow 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.

(1) 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 market weight;

(v) gilts, sows, and adult boars;

(vi) lactating gilts and sows;

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

(i) minimum percentage of crude protein;

(ii) minimum percentage of lysine;

(iii) minimum percentage of crude fat;

(iv) maximum percentage of crude fiber;

(v) minimum and maximum percentage of calcium;

(vi) minimum percentage of phosphorus;

(vii) minimum and maximum percentage of salt (if added);

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

(ix) minimum selenium in parts per million (ppm);

(x) minimum zinc in parts per million (ppm).

(2) 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:

1) starting/growing - from day of hatch to approximately 10 weeks of age;

2) finisher - from approximately 10 weeks of age to time first egg is produced. (approximately 20 weeks of age);

3) laying - from time first egg is laid throughout the time of egg production;

4) 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:

1) starting/growing - from day of hatch to approximately 5 weeks of age;

2) finisher - from approximately 5 weeks of age to market, (42 to 52 days);

3) 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):

1) starting/growing - from day of hatch until approximately 10 weeks of age;

2) finishing - from approximately 10 weeks of age to time first egg is produced, approximately 20 weeks of age;

3) laying - fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced;

(iv) turkeys:

1) 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);

2) finisher - turkeys that are grown for human food, females from approximately 13 weeks of age to approximately 17 weeks of age and males from 16 weeks of age to 20 weeks of age (or desired market weight);

3) laying - female turkeys that are producing eggs from time first egg is produced throughout the time they are producing eggs;

4) 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.

(3) 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;

(vi) minimum percentage of phosphorus;

(vii) minimum and maximum percentage of salt (if added);

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

(ix) minimum percentage of potassium;

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

(c) 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, in international units per pound.

(4) 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:

1) grower 1 - 3 months to 12 months of age;

2) 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;

(vii) minimum percentage of phosphorus;

(viii) minimum selenium in parts per million (ppm);

(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 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 selenium in parts per million (ppm);

(viii) minimum vitamin A, other than the precursors of vitamin A, in international units per pound.

(5) Required guarantees for equine formula feeds.

(a) animal classes:

(i) foal;

(ii) mare;

(iii) breeding;

(iv) maintenance;

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

(i) minimum percentage of crude protein;

(ii) minimum percentage of crude fat;

(iii) maximum percentage of crude fiber;

(iv) minimum and maximum percentage of calcium;

(v) minimum percentage of phosphorus;

(vi) minimum copper in parts per million (ppm);

(vii) minimum selenium in parts per million (ppm);

(viii) minimum zinc in parts per million (ppm);

(ix) minimum vitamin A, other than the precursors of vitamin 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);

(vi) minimum selenium in parts per million (ppm);

(vii) minimum zinc in parts per million (ppm);

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

(6) 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) 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);

(x) minimum selenium in parts per million (ppm);

(xi) minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

(7) 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);

(xi) minimum vitamin A, other than precursors of vitamin A, in international units per pound (if added).

(8) Required guarantees for duck and geese formula feeds.

(a) animal classes:

(i) ducks:

1) starter - 0 to 3 weeks of age;

2) grower - 3 to 6 weeks of age;

3) finisher - 6 weeks to market;

4) breeder developer - 8 to 19 weeks of age;

5) breeder - 22 weeks to end of lay;

(ii) geese:

1) starter - 0 to 4 weeks of age;

2) grower - 4 to 8 weeks of age;

3) finisher - 8 weeks to market;

4) breeder developer - 10 to 22 weeks of age;

5) 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;

(v) minimum percentage of phosphorus;

(vi) minimum and maximum percentage of salt (if added);

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

(9) Required guarantees for fish complete feeds and supplements.

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

(i) trout;

(ii) catfish;

(iii) species other than trout or catfish;

(b) guaranteed analysis for all fish complete feeds and supplements:

(i) minimum percentage of crude protein;

(ii) minimum percentage of crude fat;

(iii) maximum percentage of crude fiber;

(iv) minimum percentage of phosphorus.

(10) 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;

(v) minimum percentage of phosphorus;

(vi) minimum and maximum percentage of salt (if added);

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

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

(11) The required guarantees of grain mixtures with or without molasses and feeds other than those described in Paragraphs (1) through (9) of Subsection D of 21.18.3.9 NMAC shall include the following items, unless exempt in Paragraph 12 of Subsection D of 21.18.3.9 NMAC, in the order listed:

(a) animal class(es) 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 Subsection E of 21.18.3.10 NMAC;

(iii) minimum percentage of crude fat;

(iv) maximum percentage of crude fiber;

(v) minerals in formula feeds, to include in the following order:

1) minimum and maximum percentages of calcium;

2) minimum percentage of phosphorus;

3) minimum and maximum percentage of salt (if added);

4) minimum and maximum percentage of total sodium shall be guaranteed only when total sodium exceeds that furnished by the maximum salt guarantee;

5) other minerals;

(vi) minerals in feed ingredients - as specified by the official definitions of the association of American feed control officials;

(vii) vitamins in such terms as specified in Subsection C of 21.18.3.10 NMAC;

(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 Subsection G of 21.18.3.10 NMAC;

(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.

(12) Exemptions.

(a) A mineral guarantee for feed, excluding those feeds manufactured as complete feeds and for feed supplements intended to be mixed with grain to produce a complete feed for swine, poultry, fish, and veal and herd milk replacers, 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 supplement.

(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, and 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(es) and species is not required on single ingredient products if the ingredient is not intended, represented, or defined for a specific animal class(es) or species.

E. Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of Subsection 4 of Section 76-19A-9A NMSA 1978.

(1) The name of each ingredient as defined in the official publication of the association of American feed control officials, common or usual name, or one approved by the department.

(2) Collective terms for the grouping of feed ingredients as defined in the official definitions of feed ingredients published in 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.

(3) The registrant may affix the statement, "ingredients as registered with the state" in lieu of ingredient list on the label. The list of ingredients must be on file with the department. This list shall be made available to the feed purchaser upon request.

F. Directions for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by 21.18.3.13 NMAC and 21.18.3.14 NMAC appear elsewhere on the label.

G. Name, city, state, and zip code of the manufacturer or person responsible for distributing the feed.

H. Quantity statement.

(1) 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).

(2) 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 of quart and in appropriate Si metric system units.

(3) 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.

N.M. Admin. Code § 21.18.3.9

21.18.3.9 NMAC - Rp, 21.18.3.9 & 10 NMAC, 9/30/2013, Amended by New Mexico Register, Volume XXXI, Issue 20, October 27, 2020, eff. 1/1/2021