Section 61.22 - Labeling of Commercial FeedCommercial feed shall be labeled with the information prescribed in the Texas Commercial Feed Control Act (Act) and this chapter on the principal display panel of the product with the following general format, unless otherwise specifically provided.
(1) Purpose Statement (A) A statement of purpose shall contain the specific species and animal class(es) for which the feed is intended. 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.(B) The manufacturer shall have flexibility in describing in more specific and common language the defined animal class, species and purpose while being consistent with the category of animal class defined in this subparagraph which may include, but is not limited to including, the weight range(s), sex or ages of the animal(s) for which the feed is manufactured. (i) Poultry. (I) Layers--chickens that are grown to produce eggs for food, i.e., table eggs: (-a-) Starting/Growing--from day of hatch to approximately ten weeks of age;(-b-) Finisher--from approximately ten weeks of age to time first egg is produced. (Approximately 20 weeks of age);(-c-) Laying--from time first egg is laid throughout the time of egg production;(-d-) 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:(-a-) Starting/Growing--from day of hatch to approximately five weeks of age;(-b-) Finisher--from approximately five weeks of age to market (42 to 52 days);(-c-) 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): (-a-) Starting/Growing--from day of hatch until approximately ten weeks of age;(-b-) Finishing--from approximately ten weeks of age to time first egg is produced, approximately 20 weeks of age;(-c-) Laying--fertile egg producing chickens (broilers/roasters) from day of first egg throughout the time fertile eggs are produced.(IV) Turkeys: (-a-) Starting/Growing--turkeys that are grown for human food from day of hatch to approximately 13 weeks of age (males);(-b-) Finisher--turkeys that are grown for human food, females from approximately 17 weeks of age; males from 16 weeks of age to 20 weeks of age, (or desired market weight);(-c-) Laying--female turkeys that are producing eggs; from time first egg is produced, throughout the time they are producing eggs;(-d-) 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.(V) Ducks: (-a-) Starter--0 to 3 weeks of age;(-b-) Grower--3 to 6 weeks of age;(-c-) Finisher--6 weeks to market;(-d-) Breeder Developer--8 to 19 weeks of age;(-e-) Breeder--22 weeks to end of lay.(VI) Geese: (-a-) Starter--0 to 4 weeks of age;(-b-) Grower--4 to 8 weeks of age;(-c-) Finisher--8 weeks to market;(-d-) Breeder Developer--10 to 22 weeks of age;(-e-) Breeder--22 weeks to end of lay.(ii) Swine. (I) Pre-Starter--2 to 11 pounds;(II) Starter--11 to 44 pounds;(III) Grower--44 to 110 pounds;(IV) Finisher--110 to 242 pounds (market);(V) Gilts, Sows and Adult Boars;(VI) Lactating Gilts and Sows.(iii) Beef Cattle. (I) Calves (birth to weaning);(II) Cattle on pasture (may be specific as to production stage, i.e., stocker, feeder, replacement heifers, brood cows, bulls, etc.);(iv) Dairy Cattle. (I) Veal Milk Replacer--milk replacer to be fed for veal production;(II) Herd Milk Replacer--milk replacer to be fed for herd replacement;(III) Starter--approximately 3 days to 3 months;(IV) Growing Heifers, Bulls, and Dairy Beef: (-a-) Grower 1--3 months to 12 months of age;(-b-) Grower 2--more than 12 months of age;(V) Lactating Dairy Cattle;(VI) Non-Lactating Dairy Cattle.(v) Fish (Species shall be declared in lieu of class). (III) Species other than trout or catfish.(vi) Rabbit. (I) Grower--4 to 12 weeks of age;(II) Breeder--12 weeks of age and over.(C) The purpose statement may be excluded from the label if the product name includes a description of the specie(s) and animal class(es) for which the product is intended .(D) A purpose statement of a premix limited to use in the further manufacture of commercial feed may exclude the animal class and species and state "For the Manufacture of Commercial Feed" if the nutrients contained in the premix are guaranteed an sufficient for formulation into various animal species feeds.(E) The purpose statement of single purpose ingredients blend limited to use in the further manufacture of commercial feed, 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 Manufacturing 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.(F) The purpose statement of a product shall include a statement of enzyme functionality if enzyme activity is represented in any manner. (G) The statement of purpose for single ingredient feeds shall be stated as "Single Ingredient Feed" or "Feed Ingredient". The manufacturer of a single ingredient feed or feed ingredient shall have flexibility in describing in more specific and common language the intended use of the feed ingredient dependent on species and class.(2) Product name and brand name, if any.(A) The brand and product name shall 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.(B) The word "protein" shall not be permitted in the product name of a feed that contains non-protein nitrogen.(C) The word "vitamin," or a contraction thereof, or any word suggesting vitamin, shall 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 paragraph (9)(E) of this section.(D) The term "mineralized" shall not be used in the name of a feed, except for when contained in the expression "trace mineralized salt." When this phrase is displayed on the label, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.(E) The term "meat" or "meat by-products" shall be qualified on the label to designate the type of animal from which the meat or meat by-products are derived unless the meat or meat by-products are from cattle, swine, sheep, and goats.(F) When the product name or brand name of a feed carries a percentage value, it shall be understood to signify the protein and/or equivalent protein of the feed content only, even though such percentage value is not explicitly modified by the word "protein." Other percentage values are permitted in the product name or brand name of a feed if such percentages are followed by a proper description and conform with good labeling practices.(G) Digital numbers shall not be used in the product name or brand name of a feed in such a manner as to be misleading or confusing to a consumer.(H) Unless otherwise specified, single ingredient feeds shall have a product name which comports with the ingredient name assigned to such product by the Association of American Feed Control Officials in its official publication, adopted by reference in § RSA 61.1 of this title (relating to Definitions), and shall meet the standard of identity and, where required, list the guarantees of that standard.(3) Drug additives, when present. (A) The word "medicated" shall be placed directly following and below the product name in type size no smaller than one-half the size of the product name.(B) The purpose of the medication (claim statement) shall be stated.(C) The label shall state any warning or cautionary statement relating to such drug additive required by paragraph (6) of this section, or reference to where such warning or cautionary statement may be found.(D) The label shall display active drug ingredient statement listing: (i) each drug ingredient by its common or usual name; and(ii) the amount of each ingredient.(4) Guarantees--Crude Protein, 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.(A) Poultry: (i) Chickens and Turkeys--complete feeds and supplements for 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.(ii) Ducks 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.(B) Swine--complete feeds and supplements for 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);(C) Beef Cattle: (i) 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).(ii) Mineral Feeds (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 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.(D) Dairy Cattle: (i) Complete Feeds and Supplements--all animal classes:(I) Minimum percentage of crude protein;(II) Maximum percentage of equivalent crude protein from non-protein nitrogen (NPN) when added;(III) Minimum percentage of crude fat;(IV) Maximum percentage of crude fiber;(V) Maximum percentage of acid detergent fiber (ADF);(VI) Minimum and maximum percentage of calcium;(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).(ii) Mixing and Pasture Mineral Feeds (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 precursors of vitamin A, in international units per pound.(E) Veal and Herd Replacement Milk Replacer:(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 vitamin A, other than precursors of vitamin A, in international units per pound (if added).(F) 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.(G) 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 percentage 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).(H) Equine: (i) 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 precursors of vitamin A, in international units per pound (if added).(ii) Mineral--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 (guaranteed only when 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).(I) Goat and 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).(J) Feeds for Other Animal Classes and Species not specifically mentioned above: (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 when total sodium exceeds that furnished by the maximum salt guarantee;(xi) Total sugars as invert;(K) Grain Mixtures with or without Molasses. (i) Minimum percentage of crude protein;(ii) Minimum percentage of crude fat;(iii) Maximum percentage of crude fiber;(iv) Total sugars as invert.(L) 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.(M) The label of a feed intended for wildlife which contains (i) 20-50 ppb aflatoxin requires a prominent statement similar to, "WARNING: Product contains less than 50 ppb aflatoxin. Not for lactating dairy animals. Not for human use"; the distributor may choose to add a statement to the label similar to, "Meets the Texas Standard for Wildlife Feed" adjacent to the warning statement;(ii) less than 20 ppb aflatoxin requires no warning statement nor any statement of aflatoxin content; the distributor may choose to add a statement to the label similar to, "Product contains less than 20 ppb aflatoxin" or "Meets the Texas Standard for Wildlife Feed."(5) Feed ingredients. (A) The feed ingredients statement for a commercial feed shall include the name of each ingredient in the feed or the collective term for each grouping of feed ingredients contained in the feed, unless exempted under subparagraph (H) of this paragraph.(B) The name of each ingredient or grouping of ingredients listed shall be: (i) the official term for the ingredient or grouping of ingredients adopted by the Association of American Feed Control Officials in its official publication, adopted by reference in § RSA 61.1 of this title (relating to Definitions);(ii) the common or usual name for the ingredient; or(iii) a name approved by the Service.(C) When a collective term for a group of ingredients is used on the label of a feed: (i) individual ingredients within that group shall not be listed on the label; and(ii) the Service may require the manufacturer to provide a listing of the individual ingredients within the group that are or have been used in the product as distributed in this state.(D) Tentative definitions for feed ingredients shall not be used until adopted as an official definition by the Association of American Feed Control Officials, unless no official definition exists or the ingredient has a commonly accepted name that requires no definition (e.g., sugar).(E) No reference to quality or grade of an ingredient shall appear in the ingredients statement.(F) The term "dehydrated" may precede the name of any product that has been artificially dried.(G) When the term "iodized" is used in connection with a feed ingredient, the ingredient shall contain not less than 0.007% iodine uniformly distributed.(H) Exemptions: (i) Carrier ingredients in products used solely as drug and vitamin premixes need not be named in the ingredients statement if: (I) any changes in the carrier will not affect the purposes of the premix;(II) the carrier ingredient is recognized by the Service as being safe;(III) the carrier will not affect the safety, potency, or efficacy of the finished product.(ii) Single ingredient feeds are not required to have an ingredient statement.(6) Directions for use and cautionary statements. (A) All feeds which contain additives which require restricted distribution to avoid violation of §141.148(a)(2) or (6) of the Texas Feed Control Act or have been ammoniated for the purpose of minimizing aflatoxin contamination shall have included on their label directions for use and cautionary statements which shall: (i) be adequate to enable safe and effective use of the product for its intended purposes by users with no special knowledge of the purposes and use of such articles; and(ii) include, but not limited to, all information prescribed by the Code of Federal Regulations, Title 21.(B) All feeds supplying particular dietary needs or for supplementing or fortifying the diet or ration with any vitamin, mineral, or other dietary nutrient or compound shall have included on their label adequate directions for use and any cautionary statement necessary for their safe and effective use. (i) All mixed feeds containing urea or other non-protein nitrogen products shall have included on their label:(I) the statement "Warning: (or "Caution.") Use as Directed" followed by adequate directions for the safe use of the feed if the equivalent protein from non-protein nitrogen in the feed exceeds one-third of the total crude protein, or more than 8.75% of the equivalent protein is from non-protein nitrogen; and(II) a separate maximum guarantee for non-protein nitrogen originating from the addition of a mineral.(ii) All mixed feeds containing ammoniated corn, ammoniated cottonseed, or ammoniated cottonseed meal shall have included on their labels: (I) the term "ammoniated corn," "ammoniated cottonseed," or "ammoniated cottonseed meal" as separate and distinct entities in the ingredient statement in the proper order of predominance;(II) any warning statements which might be required by §61.22(6)(B)(i).(iii) Premixes, concentrates or supplements containing more than 1.25% equivalent protein from all forms of non-protein nitrogen, added as such, must contain adequate directions for use and a prominent statement: "WARNING: This feed must be used only in accordance with directions furnished on the label."(iv) All directions for use required by this subparagraph shall be printed in a size of type such that the directions will be read and understood by ordinary persons under customary conditions of purchase and use.(v) This subparagraph shall apply to all commercial feeds.(vi) Feeds, such as medicated feeds, which are required to be labeled with adequate feeding directions and cautionary statements irrespective of the provisions of this subparagraph, shall not be required to bear duplicate feeding directions or cautionary statements on their labels if such statements as are otherwise required are sufficient to ensure the safe and effective use of the product due to the presence of non-protein nitrogen.(C) Fluorine bearing phosphatic materials shall have included on their label the statement: "Caution--Mix at the rate to not raise the fluorine content in a total ration (exclusive of roughage) above the following levels: (i) 0.004% for breeding and dairy cattle;(ii) 0.009% for slaughter cattle;(v) 0.015% for swine; and(D) All feeds containing recycled animal waste products shall guarantee copper and if the guarantee exceeds 25 ppm (0.0025%) shall bear the legend "WARNING: CONTAINS MORE THAN 25 PPM COPPER. DO NOT FEED TO SHEEP OR GOATS."(7) The name and principal mailing address of the person responsible for distributing the feed. (A) The principal mailing address shall include the street address, city, state, and zip code; provided, however, that the street address may be omitted if the address is listed in a current city directory or telephone directory.(B) The labeling may bear the name of the purchaser as well as the manufacturer, provided the product is for in-plant use and not for resale.(C) The labeling may bear the name of the distributor as well as the manufacturer, provided that the guarantor of the product is specifically stated.(8) Quantity Statement (A) Net weight and/or net liquid volume must be expressed both in English and in SI units: (i) when the quantity statement is expressed in net pounds, the corresponding SI units shall be in kilograms and vice-versa;(ii) when the quantity statement is expressed in net quarts or gallons, the corresponding SI unit shall be in liters and vice-versa;(iii) when the quantity statement is expressed in net avoirdupois ounces or net fluid ounces, the corresponding SI units shall be in grams and milliliters respectively and vice-versa;(iv) any fractional number which arises expressing the net weight in both systems shall be limited to two decimal places and the number rounded down.(B) All dry and liquid bulk shipments shall declare net weight only.(C) Net contents other than net weight or net volume shall be expressed as the sum total of the smallest individual unit in the container going to the final customer.(D) Measurement. (i) Net weights of packages dry and liquid bulk shall be determined directly from scales or for bulk liquids only as calculated from volume and specific gravity/density.(ii) Conformance to weight guarantee shall be judged solely by use of certified scale defined in accordance with Texas Department of Agricultural standards.(iii) Dip-sticks, uncertified/uncalibrated meters or sight gauges shall not be used to estimate volume. Scales not certified in accordance with the Texas Department of Agriculture standards shall not be used for net weights.(iv) Net weights shall meet both the English and SI statements on the label.(v) Conformance to guarantee of number shall be judged by count of intact individual units.(9) Expression of Guarantees. (A) The guarantees for crude protein, amino acids and crude fat shall be in terms of minimum percentage.(B) The guarantees for crude fiber and acid detergent fiber shall be in terms of maximum percentage.(C) The percentage of equivalent protein from non-protein nitrogen shall be guaranteed as follows: (i) In feeds designated for ruminants-- (I) Complete feeds, supplements, and concentrates containing more than 5.0% protein from natural sources shall bear the following statement of guarantee: "Crude protein, minimum % (This includes not more than % equivalent protein from non-protein nitrogen.)"(II) Mixed feed concentrates and supplements containing less than 5.0% protein from natural sources may bear the following statement of guarantee: "Equivalent crude protein from non-protein nitrogen, minimum %."(III) Ingredient sources of non-protein nitrogen, such as urea, diammonium phosphate, ammonium polyphosphate solution, ammoniated rice hulls, or any other basic non-protein nitrogen ingredient shall bear the following statement of guarantee: "Nitrogen, minimum %. Equivalent crude protein from non-protein nitrogen, minimum %."(IV) Liquid feed supplements shall bear the following statement of guarantee: "Crude protein not less than % (This includes not more than % equivalent protein from non-protein nitrogen.)"(ii) Feeds distributed to non-ruminant animals as a source of nutrients other than equivalent crude protein containing urea or other non-protein nitrogen products shall be labeled as follows: Complete feeds, supplements and concentrates containing crude protein from all forms of non-protein nitrogen, added as such. 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)).(D) The guarantees for minerals shall be expressed as follows. (i) Commercial feeds containing calcium, phosphorus and/or salt shall include a guaranteed analysis of the following minerals in the following order:(I) minimum and maximum percentage of calcium (Ca);(II) minimum percentage of phosphorus (P);(III) minimum and maximum percentages of salt (NaCl), when required; and(IV) such other minerals as may be required by clause (ii) in this subparagraph.(ii) Other minerals shall be expressed as follows:(I) If the quantity statement is by weight: (-a-) guarantees for minimum potassium, magnesium and maximum fluoride when used shall be stated in terms of percentage.(-b-) Other minimum mineral guarantees shall be stated in percentage when used when the concentration is 1.00% (10,000 ppm) or greater; below 10,000 ppm these guarantees shall be expressed in ppm.(II) If the quantity statement is in tablet, capsules, granules, liquids or boluses, then the guarantee is in mg per unit consistent with quantity statement and directions for use.(III) When calcium, salt and sodium guarantees are given in the guaranteed analysis, such guarantees shall conform to the following. (-a-) When the minimum is 5.0% or less, the maximum shall not exceed the minimum by more than one percentage point.(-b-) When the minimum is above 5.0%, the maximum shall not exceed the minimum by more than 20% and in no case shall the maximum exceed the minimum by more than five percentage points.(IV) Naturally occurring mineral phosphatic materials for feeding purposes shall be labeled with a guaranteed analysis of the minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.(E) If made, the guarantees for vitamins shall be expressed as follows. (i) The minimum vitamin content of commercial feeds and feed supplements shall be stated on the label in milligrams per pound or units consistent with the quantity statement and with the directions for use, except that: (I) vitamin A, other than precursors of vitamin A, shall be stated in international units per pound;(II) vitamin D3, in products offered for poultry feeding, shall be stated in international chick units per pound;(III) vitamin D, for other uses, shall be stated in terms of international units per pound;(IV) vitamin E shall be stated in international units per pound;(V) vitamin B12 shall be stated in milligrams or micrograms per pound;(VI) oils and premixes containing vitamins A, D and/or E may be labeled to show vitamin content in terms of units per gram.(ii) Guarantees for vitamin content on the label of a commercial feed shall state the guarantees as menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid and/or carotene.(F) The guarantees for antibiotics shall be expressed in terms of percent by weight, except that: (i) antibiotics present at less than 2,000 grams per ton (total) of commercial feed shall be stated in grams per ton (total) of commercial feed;(ii) antibiotics present at more than 2,000 grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed; and(iii) the amount of a drug or antibiotic may be expressed in terms of milligrams per pound where the dosage given in the feeding directions is given in milligrams.(G) The analysis shall include the minimum percentage total sugars as invert on products being sold for their molasses content or products containing more than 16% sugars.(H) The analysis shall include the maximum percent moisture on liquid feed supplements and liquid ingredients containing more than 20% moisture.(I) Microorganisms need not be guaranteed when the commercial feed is intended for a purpose other than to furnish these substances and no other specific label claims are made. When guaranteed, the units shall be colony forming units (CFU) per gram if directions for use are in grams or in CFU per pound when directions for use are in pounds. A parenthetical statement following the guarantee shall list each species in order of predominance.(J) 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 which provides a consistent grouping of the units of measure.(K) The sliding scale method of expressing guarantees (e.g., "protein is 15-18%, etc.") is prohibited.(L) Unless otherwise provided by this section, guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, and crude fiber will be in terms of percentage by weight.(M) Commercial, registered brand, or trade names are not permitted for use in a statement of guarantee, unless followed by a parenthetical statement giving the technical name of the ingredient.(N) Exemptions are as follows. (i) Guarantees for vitamins are not required for commercial feed which is neither formulated nor in any manner represented as a vitamin supplement.(ii) Guarantees for crude protein, crude fat, and crude fiber are not required for commercial feed not intended to furnish these substances, or for feeds in which these substances are of minor significance to the primary purpose of the product (e.g., drug premixes, mineral or vitamin supplements, or molasses).(iii) Liquid ingredients need not be guaranteed to show maximum moisture content when moisture is the difference between the guarantee element and 100% or when the moisture content of the ingredient is less than 20%.(iv) Whole feed-grain, unprocessed in any manner save mechanical blending or mixing with other batches of the same whole kernel feed-grade grain, need not provide guarantees for protein, fat, and fiber.(v) A mineral guarantee is not required: (I) when the feed or feed ingredient is intended for non-food producing animals and contains less than 6.5% total minerals; and(II) when the feed or feed ingredient is not represented nor does it serve as a principle source of that mineral to the animal.(O) Guarantees for enzymes shall be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity shall be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min/milligram. If two or more sources have the same type of activity, they shall be listed in order of predominance based upon the amount of enzymatic activity provided.4 Tex. Admin. Code § 61.22
The provisions of this §61.22 adopted to be effective October 7, 1983, 8 TexReg 3806; amended to be effective February 13, 1991, 16 TexReg 543; amended to be effective June 25, 1992, 17 TexReg 4250; amended to be effective December 16, 1992, 17 TexReg 8433; amended to be effective February 28, 1995, 20 TexReg 1013; amended to be effective January 1, 1996, 20 TexReg 10258; amended to be effective September 23, 1997, 22 TexReg 9471; amended to be effective October 3, 1999, 24 TexReg 8153; amended to be effective November 19, 2007, 32 TexReg 8307; Amended by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 308, eff. 2/1/2017