Section ATCP 42.01 - Definitions(1) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or labeler and distinguishing it from that of others.(2) "Commercial feed" means any feed, including any custom-mixed or mill formulated feed, that is sold or bartered, or offered for sale or barter, but does not include any of the following: (a) Unmixed whole seeds or grains identified in United States grain standards.(b) Unmixed ground corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo, or other unmixed ground seeds or grain.(c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.(d) Meat and other portions of animal carcasses in their raw or natural state without further processing except freezing or denaturing.(3) "Custom-mixed feed" means a commercial feed, other than a mill-formulated feed, which a manufacturer prepares at the request of a final retail purchaser who does either of the following: (a) Provides one or more ingredients comprising a significant portion of the commercial feed.(b) Specifies the formula for the commercial feed. This paragraph does not apply if the purchaser obtains the formula from the feed manufacturer or labeler, but does apply if the purchaser obtains the formula from any of the following: 1. The label of a prepackaged commercial feed concentrate or premix.2. A person other than the feed manufacturer or labeler.(4) "Distribute" means to sell, offer to sell, exchange, barter, or solicit orders for the sale of a feed product or otherwise supply or furnish a feed product to purchasers of the feed product in this state, whether or not the sales or transactions are made wholly or partially in this state or another state.(5) "Distributor" means any person who distributes a feed product for sale or distribution in this state.(6) "Dog or cat food" means a commercial feed intended for dogs or cats.(7) "Drug" means either of the following: (a) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans.(b) Any substance, other than a nutritive component, that is intended to affect the structure or any function of the animal body.(8) "Feed" means any substance which is intended for use as food for animals other than humans. "Feed" includes commercial feed and feed ingredients.(9) "Feed ingredient" has the meaning specified in s. 94.72(1) (g), Stats.(10) "Label" means the written, printed, or graphic matter on or attached to the container in which a commercial feed is distributed, or the invoice or delivery slip for the commercial feed.(11) "Labeler" means a person who labels commercial feed. "Labeler" includes a person, other than the final retail purchaser, who retains the proprietary rights to the specifications of a commercial feed.(12) "Labeling" means all labels and any other written, printed, or graphic matter referencing a commercial feed.(13) "Manufacture" means to mix, blend, process, package, or label commercial feed.(14) "Mill formulated feed" means a commercial feed consisting of a mixture of commercial feeds or feed ingredients mixed on an individual basis by the feed manufacturer or labeler according to a feed formula devised and prepared by the manufacturer or labeler for a final retail customer of the manufacturer or labeler.(15) "Noxious weed seeds" mean the seeds of Canada thistle, wild mustard, and quack grass, either single or combined.(16) "Person" means an individual, corporation, partnership, limited liability company, cooperative, business trust, or business association or entity.(17) "Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.(18) "Product name" means the name of a commercial feed which identifies it as to kind, class, or specific use.(19) "Type A medicated article" has the meaning given under 21 CFR 558.3.(20) "Type B medicated feed" has the meaning given under 21 CFR 558.3.(21) "Type C medicated feed" has the meaning given under 21 CFR 558.3.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 42.01
Cr. Register, September, 1996, No. 489, eff. 10-1-97; r. and recr. (3), Register, February, 1998, No. 506, eff. 3-1-98.Amended by, CR 14-047: am. (9) Register, Register May 2015 No. 713, eff.6/1/2015